An Act to facilitate the subdivision of building into parcels and
the disposition of titles and for purposes connected therewith.
[Peninsular Malaysia and

Federal Territory of Kuala Lumpur--1 June 1985,

P.U. (B) 276/1985]

WHEREAS it is desired to introduce in the form of a Strata Titles
Act a uniform legislation within the States of Johore, Kedah,
Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis,
Selangor, Terengganu and the Federal Territory of Kuala Lumpur;
AND WHEREAS it is now expedient for the purpose only of
ensuring uniformity of law and policy to make with respect to
tenure of
parcels in a building, registration of titles relating to
parcels in a building, transfer of parcels in a building, leases and
charges in respect of parcels in a building, and easements and
other rights and interests in parcels in a building;
Now, therefore
pursuant to the provisions of Clause (4) of Article
76 of the Constitution, BE IT ENACTED by the Seri Paduka
Baginda Yang di-Pertuan
Agong with the advice and consent of
the Dewan Negara and the Dewan Rakyat in Parliament assembled,
and by the authority of the
same, as follows:

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Strata Titles Act 1985.
10 Laws of Malaysia ACT 318

Application

2. This Act shall apply only to Peninsular Malaysia.
Commencement

3. (1) This Act shall come into force in each State on such date
as the Minister may, with the approval of the National Land Council,
by notification in the Gazette, appoint.

(2) This Act shall come into force in the Federal Territory on
such date as the Minister may, by notification in the Gazette,
appoint.

Interpretation

4. In this Act, unless the context otherwise requires--
"accessory parcel" means any parcel shown in a strata plan as
an accessory
parcel which is used or intended to be used in conjunction
with a parcel;

"aggregate share units" means the sum of the share units of the
parcels (including a provisional block) shown in an approved strata
plan;

"Board" means the Strata Titles Board established under
section 67A;

"building", in relation to a lot which is to be developed in
stages, includes any building partially completed or to be erected
within the lot as shown or specified in any proposed strata plan
submitted for approval;

"by-laws", in relation to a subdivided building, means the
by-laws which are in force in respect of that building made under
sections
44 and 62 and as provided for in the Third Schedule;
"certified strata plan" means the plan prepared under
subsection 13(1) and
certified by the Director of Survey;
"common property" means so much of the lot as is not comprised
in any parcel (including any
accessory parcel), or any provisional
block as shown in an approved strata plan;

11Strata Titles

"council", in relation to a management corporation, means the
council of that management corporation elected under section 39;
"Director" means the Director of Lands and Mines for the State
and includes a Deputy Director of Lands and Mines and, in the
case
of the Federal Territory, the Land Administrator;
"Director of Survey" means the Director of Survey and Mapping
for the State or
the Federal Territory and includes a Deputy Director
of Survey and Mapping;

"Federal Territory" means the Federal Territory of Kuala Lumpur;
"floor area", in relation to a parcel, means the area occupied
by
that parcel;

"form", followed by a number, means the form in the First
Schedule identified by that number;

"initial period", in relation to a management corporation, means
the period commencing on the day on which the management
corporation
is formed and ending on the day on which there are
proprietors, excluding the proprietor of the lot who is registered
as the proprietor
of a parcel or parcels or a provisional block or
blocks, the sum of whose share units is at least one-third of the
aggregate share
units;

"Land Administrator" means the Land Administrator for the District
appointed under the National Land Code [Act No. 56 of 1965]
and includes an Assistant Land Administrator appointed thereunder;
"land surveyor" means the Director of Survey appointed under
the National Land Code or a land surveyor licensed to practise as
such under any law for the time being in force in relation to
survey;

"location plan" means a location plan under subsection 10(2);
"low-cost building" means any building certified by the State
Authority
under section 58;

"management corporation", in relation to any subdivided building
shown in an approved strata plan, means the management corporation
established under section 39, 64 or 64A;

12 Laws of Malaysia ACT 318

"management fund" means a management fund established under
section 45, 63 or 66;

"original proprietor" means the proprietor of the lot immediately
before the subdivision of building;

"parcel", in relation to a subdivided building, means one of the
individual units comprised therein, which (except in the case of
an accessory parcel) is held under separate strata title;
"prescribed" means prescribed by rules made by the State Authority
under
section 81;

"proprietor" refers to a parcel proprietor, that is to say, a person
or body for the time being registered as the proprietor of
a parcel,
as well as to the proprietor of a provisional block, that is to say,
a person or body for the time being registered as
the proprietor
of a provisional block;

"provisional block" means--

(a) in relation to a proposed strata plan, a block in respect
of a building proposed to be, or in the course of being,
erected,
for which a separate provisional strata title is
applied for;

(b) in relation to an approved strata plan, such a block shown
therein, for which a provisional strata title is to be registered;
and

(c) in relation to a book of strata register, such a block
shown therein, for which a provisional strata title has
been registered;

"provisional share units" means the share value allotted to a
provisional block shown in an approved strata plan;
"provisional
strata title" means the title registered and issued
under section 16 in respect of a provisional block;
"Registrar" means--

(a) in relation to strata titles which are dependent on Registry
titles, the Registrar of Titles or Deputy Registrar of Titles
for the State; and

13Strata Titles

(b) in relation to strata titles which are dependent on Land
Office titles, the Land Administrator for the District;
"share units",
in respect of a parcel, means the share units
determined for that parcel as shown in the schedule of share units;
"special account",
in relation to a management corporation,
means the account established under section 46;

"special resolution" means a resolution which is passed at a
duly convened general meeting of a management corporation of
which
at least fourteen days' notice specifying the proposed resolution
has been given by proprietors who together are entitled to not
less
than one-quarter of the aggregate share units and who together
constitute not less than one-quarter of the membership;
"storey"
means any horizontal division of a building whether or
not on the same level throughout and whether above or below the
surface
of the ground;

"storey plan" means a storey plan under subsection 10(3);
"strata plan" means a location plan and a storey plan, and includes
a
plan of division or amalgamation of any parcels shown in an
approved strata plan;

"strata register" means the register of strata titles maintained
under the provisions of section 15;

"strata roll", in relation to a subdivided building, means the roll
maintained under paragraph 43(1)(i);

"strata title" means the title issued under section 16;
"subdivided building" means a building as subdivided under
Part II;

"unanimous resolution" means a resolution which is passed at
a duly convened general meeting of a management corporation of
which
at least twenty one days' notice specifying the proposed
resolution has been given and against which no vote is cast.
14 Laws of
Malaysia ACT 318

Construction of the Act

5. (1) This Act shall be read and construed with the National
Land Code as if it forms part thereof.

(2) The National Land Code and the rules made thereunder, in
so far as they are not inconsistent with the provisions of this Act
or the rules made thereunder, or are capable of applying to parcels,
shall apply in all respects to parcels held under the strata
titles.
(3) Notwithstanding subsection (1) and (2), the Yang di-Pertuan
Agong may, from time to time, by order provide--

(a) for the non-application of any provision of the National
Land Code to this Act; or

(b) for the application of any provision of the National Land
Code to this Act subject to such variations, modifications,
adaptations,
additions or deletions as may be specified in
the order.

(4) In the application of subsection (1) to the Federal Territory,
the National Land Code shall be read as modified by the Yang
di-
Pertuan Agong under subsection 5(3) of the Constitution
(Amendment) (No. 2) Act 1973 [Act A206].

(5) Any reference to the State Authority in this Act in its application
in the Federal Territory and in the operation of the National
Land
Code as modified under subsection (4), shall be construed as a
reference to the Minister charged with the responsibility for
land
in the Federal Territory.

PART II

APPLICATION FOR SUBDIVISION OF A BUILDING

Buildings capable of being subdivided

6. (1) Any building or buildings having two or more storeys on
alienated land held as one lot under final title (whether Registry
or Land Office title) shall be capable of being subdivided into
parcels; and any building or buildings having only one storey on
the same land shall also be capable of being subdivided into parcels
to be held under strata titles or into accessory parcels.
15Strata Titles

(2) Notwithstanding subsection (1), the State Authority may,
by rules, published in the Gazette, prohibit the subdivision of
buildings
of any class or description as may be specified in such
rules.

Proprietor of alienated land may apply for subdivision of a
building

7. (1) The proprietor of any alienated land on which there is any
building which is capable of being subdivided under section 6,
may subject to the provisions of this Act, apply for the subdivision
thereof to the Director.

(2) Notwithstanding subsection (1), the proprietor of any alienated
land held under qualified title which has been duly surveyed
and
in respect of which a certified plan has been approved by the
Director of Survey, may apply to the Director for the subdivision
of any building thereon.

(3) For the purposes of subsections (1) and (2), an application
may be made notwithstanding that the building has not yet been
certified by the local authority to be fit for occupation or use.
Circumstances in which it is compulsory for a proprietor to
apply
for subdivision of a building

8. (1) The proprietor of any alienated land on which there is a
completed building capable of being subdivided under section 6
shall,
within the period specified in subsection (2), apply in accordance
with section 10 for the subdivision of the building if at any
time
he has sold or agreed to sell any parcel in such building to any
person.

(2) The period within which the requirement of subsection (1)
shall be complied with is as follows:

(a) in the case of a building completed on a date after the
commencement of this subsection--

(i) if the sale of, or agreement to sell, any parcel of
the building, or the first of such sales or agreements,
took place before
that date, the period is six months
from that date;

16 Laws of Malaysia ACT 318

(ii) if the sale of, or agreement to sell, any parcel of
the building, or the first of such sales or agreements,
took place after
that date, the period is six months
from the date of the sale or agreement or the first
of such sales or agreements;

(b) in the case of a building completed on a date before the
commencement of this subsection--

(i) if the sale of, or agreement to sell, any parcel of
the building, or the first of such sales or agreements,
took place before
that date, the period is six months
from the commencement of this subsection;

(ii) if the sale of, or agreement to sell, any parcel of
the building, or the first of such sales or agreements,
took place after
that date, the period is six months
from the commencement of this subsection or six

months from the date of the sale or agreement or

the first of such sales or agreements, whichever is
the longer.

(3) For the purpose of subsection (1) an application for the
approval of the Director to the subdivision of a building shall be
treated as not being in accordance with section 10 if the application
is defective by reason of any material non-compliance with
any
of the requirements of that section pertaining to the application.
(4) The period specified in subsection (2) may, on application
made before its expiry be extended once by the Director by any
further period not exceeding three months.

(5) Where an application is not made within the period specified
in subsection (2) and in the case of subsection (4) within the
period
of such extension, if any, applied for and granted in respect of a
building, the proprietor shall be guilty of an offence,
and liable
on conviction to a fine of not less than ten thousand ringgit but
not more than one hundred thousand ringgit and to
a further fine
of not less than one hundred ringgit but not more than one thousand
ringgit for each day the offence continues to
be committed.
(6) For the purposes of subsection (2), the date on which a
building is completed shall be the date on which it is
certified by
any public or local authority to be fit for occupation or use.
17Strata Titles

Conditions for approval

9. (1) The Director shall not approve the subdivision of any building
unless the following conditions are satisfied:

(a) that it has been certified by a land surveyor--
(i) that the building or buildings are situated wholly
within the boundaries
of the lot in question; or

(ii) that, discounting any eave, awning, and any balcony
not forming part of a proposed parcel, which project
over a road reserve,
the building or buildings are
so situated;

and, in a case where the certificate is one under
subparagraph (ii), that there subsists a permit or permits
issued under section
75A of the National Land Code in
respect of every such eave, awning and balcony;

(b) that, in the case of any building for the erection of which
planning permission was required--

(i) it has been certified by an architect registered under
the Architects Act 1967 [Act 117] or by a professional
engineer registered
under the Registration of

Engineers Act 1967 [Act 138] that the building was
constructed in accordance with the plans and

specifications by reference to which that permission
was given, stating therein the date on which such
permission was given and
the reference number

thereof (if any); or

(ii) the case falls under subsection 10(6A) and the
requirements of that subsection have been satisfied;
(c) that the subdivision
would not contravene any restriction
in interest to which the land comprised in that lot is for
the time being subject;

(d) that the subdivision would not be contrary to the provisions
of any written law for the time being in force, and that
any requirements
imposed with respect thereto by or
under any such written law have been complied with;
(e) that no item of land revenue is outstanding
in respect of
the land;

18 Laws of Malaysia ACT 318

(f) that consent in writing to the making of the application
has been obtained from every person who at the time
when approval
was applied for, was entitled to the benefit
of--

(i) (Deleted by Act A753);

(ii) a lease of the whole or any part thereof, other than
a part corresponding precisely with, or included

within, one of the parcels to be created upon

subdivision;

(iii) a charge of such a lease; or

(iv) a lien over any such lease;

(g) that the proposed share units assigned to the parcels by
the proprietor of the lot in his application in Form 1 are
equitable;

(h) that each of the proposed parcels has--

(i) adequate means of access not passing through another
parcel; and

(ii) adequate means of internal communication not
passing through the common property;

(i) that, where the land on which the building or buildings
stand is held for a term of years, there still remains a
period of
not less than twenty-one years to run;

(j) that the land on which the building or buildings stand is
not subject to any charge or lien;

(k) that, where the land is held under qualified title as specified
in subsection 7(2), the final title to the land has been
registered;
and

(l) that the building to be subdivided has been certified by
the local authority to be fit for occupation or use.
(2) In the case
of an application involving a provisional block
or blocks by virtue of subsection 10A(1), the Director shall not
approve the subdivision
of any building to which the application
relates unless the following additional conditions are also satisfied:
(a) that it has
been certified by a land surveyor that the
position of each provisional block as delineated on the
19Strata Titles

location plan is wholly within the boundaries of the lot
in question;

(b) that the quantum of provisional share units assigned to
each provisional block by the proprietor of the lot in his
application
in Form 1 is equitable; and

(c) that proprietor has given the date by when he undertakes
that the construction of the building or each building to
which the
provisional block or blocks relate will be
completed, has paid to the Director in respect of each
provisional block a deposit of
such reasonable amount as
the Director may require, and has furnished a written
statement to the effect that he agrees that the
amount be
forfeited to the Government in the event that, by that date
or by such later date as the Director may allow, the
construction
of the building to which the provisional
block relates is not completed or, if completed, the building
has not been certified by
a public or local authority to
be fit for occupation or use.

Application for subdivision of building

10. (1) Any application for the approval of the Director for the
subdivision of any building shall be made in writing in Form 1 to
the Land Administrator and shall be accompanied by--
(a) such fee as may be prescribed;

(aa) except in a case falling under subsection (6A), the building
plans approved by the planning authority, to be submitted
in
triplicate;

(b) a proposed strata plan comprising a location plan, and a
storey plan in respect of each storey of each building, to
be submitted
in triplicate containing such details as are
specified in subsections (2) and (3) respectively and certified
by a land surveyor
as follows:

(i) that he has made a comparison of the plans to the
original plans of the building and any approved

amendments thereto prepared by the architect or

professional engineer responsible for its construction,
or, in a case falling under subsection (6A), to the
plans of the building
and any approved amendments
thereto mentioned in paragraph (a) of that subsection;
and

20 Laws of Malaysia ACT 318

(ii) in the case of a storey plan, that the boundaries of
the parcels shown thereon follow features of

permanent construction appearing in the building;
(c) the certificates of a land surveyor, registered architect or
registered professional
engineer, referred to in paragraph
9(i)(a), and subparagraph 9(1)(b)(i), and, where applicable,
the certificate of a land surveyor
referred to in paragraph
9(2)(a);

(ca) a permit or permits referred to in paragraph 9(1)(a), in
a case where the certificate of a land surveyor is one
under subparagraph
(ii) of that paragraph;

(cb) in a case where the land is held under qualified title as
specified in subsection 7(2), the certified plan of the land
as
approved by the Director of Survey, to be submitted
in triplicate;

(d) the written consents to the making of the application of
every person who, at the time of the application, is entitled
to the
benefit of--

(i) a charge of the land;

(ii) a lease of the whole or any part thereof, other than
a part corresponding precisely with, or included within,
one of the parcels
to be created upon subdivision;
(iii) a charge of such a lease; or

(iv) a lien over the land or any such lease;

(e) subject to subsection (7), the issue document of title of
the lot.

(2) Every location plan shall--

(a) specify the number of the lot, the title number of the land
comprised therein and the area thereof;

(b) delineate the boundaries and boundary marks of the lot
and the position of all buildings thereon, showing which
of these buildings
are to be subdivided;

(c) include a vertical section of each such building showing--
(i) the floor and ceiling of each storey; and

(ii) the height of each storey;

21Strata Titles

(d) (Deleted by Act A753);

(e) contain such other details as may be prescribed.
(3) Every storey plan shall--

(a) specify the number of the lot and the title number of the
land comprised therein, and the building and numbered
storey thereof
to which the plan relates;

(b) delineate, subject to paragraphs 5(a) and (b), each proposed
parcel and define the boundaries thereof by reference to
floors
and walls showing the horizontal dimensions, without
it being necessary to show the bearing;

(c) indicate in respect of each such parcel the number by
which it is described in Form 1;

(d) specify the approximate floor area of each parcel;
(e) distinguish such parts as are not to be included in any of
the parcels
but are to become part of common property;
(f) (Deleted by Act A753);

(g) contain such other details as may be prescribed.
(4) Every proposed strata plan shall show a legend of--
(a) all parcels;

(b) all common property; and

(c) all accessory parcels, and specify therein the parcels they
are made appurtenant to, irrespective of whether the
accessory
parcels are contiguous to those specified parcels;
(d) (Deleted by Act A753).

(5) Where an accessory parcel--

(a) consists of a building or parts thereof and is bounded by
external walls, floors and ceilings, the dimensions and
boundaries
of such accessory parcel shall be shown in
the proposed strata plan in accordance with the requirements
of subsections (2) and
(3);

22 Laws of Malaysia ACT 318

(b) does not consist of a building or parts thereof--
(i) the external boundaries of the accessory parcel shall
be ascertained
from the building plans approved by
the planning authority, and the accessory parcel

shall be up to a reasonable height or to the extent
of any projection above or encroachment below

ground level by another part of the lot; and

(ii) the proposed strata plan shall show a diagram of
the accessory parcel with similar dimensions as

those shown on the approved plans mentioned in

subparagraph (i).

(6) Every proposed strata plan shall--

(a) show the proposed share units in whole numbers of each
parcel and the total share units of all the parcels; and
(b) contain
such other particulars as may be prescribed by
rules made under section 81.

(6A) If the plans and specifications by reference to which planning
permission for the erection of the building was given are not
available, so that it is not possible to give the certificate required
by subparagraph 9(1)(b)(i), the application under subsection
(1)
shall be accompanied--

(a) in lieu of the building plans mentioned in paragraph (aa)
of that subsection, by plans of the building, in triplicate,
certified
by an architect registered under the Architects
Act 1967 as having been drawn according to the actual
features of the building
and as truly representing those
features; and

(b) in addition to the other matters required under subsection
(1), by the certificate of a duly authorized officer of the
appropriate
local planning authority that the building as
represented by the plans mentioned in paragraph (a) was
erected with planning permission
but the plans and
specifications by reference to which that permission was
given are no longer available, and that the local planning
authority is nevertheless satisfied that the building as so
represented satisfies planning requirements.

23Strata Titles

(7) An application under subsection (1) may be submitted without
the issue document of title to the lot if that document is in the
hands of any person as chargee or lien-holder, and in any such
case, the application shall be accompanied by a copy of a request
by the proprietor served on that person for the production of the
document at the Land Office within fourteen days of the date
thereof.

(8) Upon receipt of any application under subsection (1), the
Land Administrator shall endorse, or cause to be endorsed, a note
of the making thereof on the register document of title, and shall
then--

(a) refer the application to the Director of Survey;
(b) in the case where the land is held under qualified title
as specified
in subsection 7(2), take appropriate action
in respect of the conversion of the qualified title to final
title; and

(c) in the case where the building to be subdivided has not
yet been certified to be fit for occupation or use, forthwith
inform
the applicant to obtain the certificate of fitness
for occupation from the local authority within the time
specified.

(9) The Director of Survey shall thereupon check the location
and storey plans and carry out or cause to be carried out such
survey
of the land, any of the buildings thereon or any of the
parcels as he may consider desirable, and shall--
(a) advise the Land Administrator
as to whether the plans
are in order;

(b) notify the Land Administrator of the amount of fees to
be collected upon approval of the application in respect
of such survey;
and

(c) notify the Land Administrator of the amount of fees to
be collected in respect of the plans caused to be prepared
in the event
of the approval of the application.

(10) The Land Administrator shall thereupon if he is satisfied
that the application and the other documents presented therewith
are in order, transmit them to the Director together with his
recommendations for approval or rejection:

24 Laws of Malaysia ACT 318

Provided that no application shall be so transmitted without the
issue document of the lot and accordingly in a case falling within
subsection (7), if that document is not duly produced at the Land
Office, the Land Administrator shall, if unable to secure its
production,
prepare or cause to be prepared, title in continuation (or where
appropriate, a duplicate issue document of title only)
under Chapter
3 of Part Ten of the National Land Code as if the circumstances
were as specified in paragraph 166(1)(c) of the Code:
And provided further that--

(a) where the land is held under qualified title, the final title
thereto has been registered by the registering authority;
and

(b) where the building has not yet been certified fit for
occupation or use, the certificate has since been obtained
and has been
submitted by the applicant.

Application for subdivision in the case of phased developments
10A. (1) An application under section 10, except where it relates
to a low-cost building or buildings, may include an application for
the issue of a provisional strata title or titles for a provisional
block in respect of a building, being a building capable according
to section 6 of being subdivided, proposed to be, or in the
course
of being, erected on the lot in question:

Provided that no building or buildings having only one storey
shall be included in the application for the issuance of a provisional
strata title or titles for the provisional block or blocks.
(2) Where an application under section 10 involves a provisional
block
or blocks by virtue of subsection (1), the following requirements
relating to the provisional block or blocks shall, in addition
to the
requirements of section 10 relating to the particular building or
buildings to be subdivided, be observed in making the
application:
(a) the application shall be accompanied by the building
plans approved by the planning authority for the building
or buildings to be, or in the course of being, erected, to
be submitted in triplicate;

(b) the location plan shall include a legend, and shall delineate
the position, of each provisional block, showing, in
25Strata
Titles

accordance with the approved building plans, the vertical
section and dimensions of the building to which the
provisional block
relates;

(c) the application shall be accompanied, as forming part of
the proposed strata plan, by a storey plan in triplicate in
respect
of each provisional block, which shall delineate
the external boundaries, and show, in accordance with
the approved building plans,
the horizontal dimensions
of the building to which the provisional block relates,
without it being necessary to show any bearings;
and
(d) the proposed strata plan shall show the proposed quantum
of provisional share units for each provisional block.
Withdrawal
of applications

11. An application under subsection 10(1) not be capable of
being withdrawn except with the concurrence of the Director; and
the
Director shall not give his concurrence unless he is satisfied
that the withdrawal is not, or will not be, detrimental to the
interests
of any person who has purchased or agreed to purchase
any parcel of the building in question.

Powers of Director of Lands and Mines in relation to applications

12. (1) On receiving any application made under section 10, the
Director shall--

(a) approve the subdivision if it appears to him that the
conditions specified in section 9 are satisfied; and
(b) in any other
case, reject the application.

(2) Where he has approved any application for subdivision of
building, the Director shall--

(a) transmit to the Director of Survey the application and
other accompanying documents; and

(b) notify the Land Administrator of the approval and direct
him to collect from the proprietor, fees as notified by the
Director
of Survey under subsection 10(9) and fees for
the preparation and registration of strata titles.
26 Laws of Malaysia ACT 318

(3) Where he has rejected any such application, the Director
shall notify the Land Administrator who shall forthwith inform the
proprietor and shall cancel or cause to be cancelled the note thereof
endorsed on the register document of title pursuant to subsection
10(8).

Action by Director of Survey after approval of subdivision

13. (1) Upon receipt of the approved application and the other
documents presented therewith and upon being informed by the
Land
Administrator that the fees referred to in paragraph 12(2)(b)
have been duly paid, the Director of Survey shall--
(a) from the
relevant location plan and storey plans, prepare
or cause to be prepared a certified strata plan complying
with the requirements
of subsection (2), with such
modifications as he may consider necessary;

(b) file the certified strata plan in his office;
(c) prepare one copy of the certified strata plan for retention
by the Registrar;

(d) prepare additional copies of the certified strata plan, or
copies of the various folios thereof as mentioned in
subsection
(4), for the purpose of attaching them to the
issue documents of title to the parcels which are to be
created on the subdivision;
and

(e) transmit to the Director, the copies so prepared, together
with the approved application and other accompanying
documents.

(2) The certified strata plan referred to in paragraph (1)(a) shall
be a plan delineating, on as many folios as may be considered
most
suitable for the purpose, the storeys of the building or buildings
to be subdivided, and the parcels within each storey and
every
folio shall contain also--

(a) a plan of the land, showing the position of every building
thereon;

(b) a vertical section of the building or buildings to be
subdivided, showing the position therein of the storey or
storeys to
which it relates; and

27Strata Titles

(c) a schedule showing the approved share units of each
parcel and the total number of share units of all the
parcels.

(3) For the purposes of the preparation of any such certified
strata plan, the common boundary of any parcel of a building with
any other parcel, or with any part of the building which is not
included in any of the parcels, shall, except in so far as it may
have
been otherwise provided in the relevant storey plans, be taken to
be the centre of the floor, wall or ceiling, as the case
may be.
(4) The number of additional copies of the certified strata plan
to be prepared pursuant to paragraph (1)(d) shall be as
follows:
(a) where any such plan consists of one folio only, the number
of copies shall be equal to the number of parcels shown
thereon; and

(b) where any such plan consists of two or more folios, the
number of copies of each folio to be so prepared shall
be equal to
the number of parcels shown on that folio.
(5) For the purposes of this section, the certified strata plan in
respect of a provisional
block shall contain a plan showing the
position of the provisional block and the vertical section of the
block.

Issue of strata titles to individual parcels

14. Upon receiving from the Director of Survey the documents
referred to in paragraph 13(1)(e), and upon being informed by the
Land
Administrator that the fees for preparation and registration
of strata titles have been paid, the Director shall direct the Registrar
to open a book of the strata register in accordance with section 15
and prepare, register and issue strata titles in accordance
with
section 16.

Failure to pay amount demanded

14A. (1) If the proprietor fails to pay any amount demanded pursuant
to subsection 12(2) within one month of being served with the
demand, he shall be guilty of an offence, and liable on conviction
to a fine not exceeding one thousand ringgit and to a further
fine
not exceeding fifty ringgit for each day the offence continues to
be committed.

28 Laws of Malaysia ACT 318

(2) The period specified in subsection (1) may, on application
made before its expiry, be extended once by the Director by any
further period not exceeding one month.

PART III

REGISTRATION OF STRATA TITLES

Preparation and maintenance of strata register

15. (1) The Registrar shall prepare and maintain for the purposes
of this Act a register of strata titles to be known as the strata
register.

(2) The strata register shall consist of a series of books, each
relating to one lot, and every such book shall contain--
(a) an
index in Form 2 to the individual parcels and, if any,
appurtenant accessory parcels and to the individual
provisional block, if
any, comprised in the lot;

(b) a statement in Form 3 which subject to subsections (4),
(5) and (6) shall--

(i) set out, or where appropriate summarize so far as
they relate to matters capable of affecting any of
those parcels or provisional
blocks, all memorials,
endorsements and other entries which appeared on

the register document of title to the lot at the time
the statement was authenticated by the Registrar;
or

(ii) confirm that there were no such entries;

(c) a copy of the certified strata plan prepared under paragraph
13(1)(a); and

(d) the register document of title to each parcel and each
provisional block.

(3) The name of the management corporation, and the address
for the service of documents thereon, required to be stated in the
index in Form 2 shall be supplied to the Registrar by the proprietor
of the lot.

29Strata Titles

(3A) Where the proprietor of the lot, after being given reasonable
notice by the Registrar, fails to supply the name of the management
corporation or the address for service of documents thereon as
required by subsection (3), the Registrar--

(a) as regards the name of the management corporation, shall
himself determine the name to be stated in the index in
Form 2; or

(b) as regards the address for service, shall cause to be stated
in the index in Form 2 the postal address of any building
erected
within the lot.

(4) For the purposes of the statement in Form 3, no account
shall be taken of any lease or tenancy relating to a part of the
building
which corresponds precisely with, or is included within
one of the parcels created on the subdivision, or of any charge of,
or
lien over, such a lease; but any such lease, tenancy or charge
shall be endorsed on the register document of title to the parcel
in question.

(5) The Registrar shall, in the case of private caveats or Registrar's
caveats appearing on the register document of title to the
lot, if
satisfied that such caveats affect only particular parcels created on
the subdivision, endorse such caveats on the register
documents
of title to the parcels in question.

(6) Where the Registrar is unable to ascertain to his satisfaction
the caveats which affect the particular parcels, he may, instead
of
setting out or summarizing them, endorse a statement in Form 3
to the effect that the lot is so subject to the caveats entered
on the
register document of title to the lot:

Provided that the Registrar may at any time thereafter, if it can
be ascertained to his satisfaction that such caveats relate to
particular
parcels, endorse such caveats on the register documents of title to
the parcels in question.

Documents of strata title

16. (1) The Registrar shall prepare documents of strata title in
respect of--

(a) a parcel; and

30 Laws of Malaysia ACT 318

(b) a provisional block, if any.

(2) The documents of strata title to be prepared by the Registrar
in respect of any parcel or provisional block under subsection
(1)
shall consist of--

(a) a register document of title in Form 4 in respect of a
parcel and in Form 4A in respect of a provisional block;
(b) an issue
document of title, consisting of a copy of the
register document to which shall be attached--

(i) the copy of the certified strata plan or of the relevant
folio of that plan prepared under paragraph 13(1)(d);
and

(ii) where appropriate, a copy of the statement in
Form 3:

Provided that, in the case of a parcel created on the
division or amalgamation of any existing parcels, the
plan to be attached
to the issue documents of title shall
be such as may be prepared in accordance with Part V
of this Act.

(3) Every document of strata title shall be prepared in the name
of the person last registered as proprietor of the lot in question,
or where it relates to a parcel created as mentioned in the proviso
to subsection (2) in the name of the person last registered
as
proprietor of the existing parcel or parcels.

(4) (Deleted by Act A753).

(5) The registration of the register documents of strata title
shall consist of their authentication under the hand and seal of
the
Registrar; and the date of registration shall be inscribed by him
on every document.

(6) Sections 89 to 91 of the National Land Code shall apply to
documents of strata title as they apply to documents of final title:
Provided that where any parcel is subject to a charge or lien,
nothing in section 90 of the National Land Code shall be taken to
authorize the issue of the document of title thereto to the proprietor
of the parcel.

31Strata Titles

Effect of opening of book of strata register

17. (1) On authenticating the statement in Form 3 required to be
contained in any book of the strata register, the Registrar shall
make on the register and issue documents of title to the lot in
question a memorial to the effect that the book has been opened,
and that the common property is vested in the management corporation
and shall return the issue document to that corporation.
(2) No entry shall thereafter be made on either of the documents
of title except one affecting the common property.
(3) In its
application to a low-cost building, this section shall
be construed with the omission of--

(a) all the words in subsection (1) after the words "has been
opened"; and

(b) subsection (2).

Share units of parcels

18. Every parcel shall have a share value as approved by the
Director and expressed in whole numbers to be known as share
units.

Provisional share units of a provisional block

19. Every provisional block shall have a share value as approved
by the Director, which shall be expressed in whole numbers and
taken as provisional share units.

PART IV

PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON

COMPLETION OF BUILDING

Application for strata titles upon completion of building

20. (1) The proprietor of a provisional strata title shall, as soon
as a building in respect of that title has been completed and
certified
by the public or local authority to be fit for occupation or use, but
in any case within six months from the date the
building is so
32 Laws of Malaysia ACT 318

certified, make an application for the approval of the Director for
the issue of separate strata titles to the parcels in the completed
building.

(1A) The period specified in subsection (1) may, on application
made before its expiry, be extended once by the Director by any
further period not exceeding three months.

(2) The application shall be made in writing in Form 5 to the
Land Administrator and shall be accompanied by--

(a) such fee as may be prescribed;

(b) a certificate of an architect registered under the Architects
Act 1967 or of a professional engineer registered under
the Registration
of Engineers Act 1967 that the provisional
block has been completed in accordance with the approved
building plan and any approved
amendments thereto;
(ba) a copy of the approved building plan and approved
amendments thereto referred to in paragraph (b);

(c) a storey plan in triplicate in respect of each storey of the
completed building, duly certified by a land surveyor as
required
under paragraph 10(1)(b) and containing such
details as are specified in subsection (3) of that section;
(ca) a certificate by
a land surveyor--

(i) that the building is situated wholly within the
boundaries of the lot in question; or

(ii) that, discounting any eave, awning, and any balcony
not forming part of a proposed parcel, which project
over a road reserve,
the building is so situated;
and, in a case where the certificate is one under
subparagraph (ii), a subsisting permit or permits
issued
under section 75A of the National Land Code in respect
of every such eave, awning and balcony;

(cb) a certificate by a land surveyor--

(i) that the building is situated wholly within the
boundaries of its position as delineated in the location
plan in compliance
with paragraph10A(2)(b); or

33Strata Titles

(ii) that, discounting any eave, awning, and any balcony
which does not form part of a proposed parcel, the
building is so situated;

(d) a certificate issued by a public or local authority stating
that the building is fit for occupation or use;

(e) a statement showing the proposed allocation of the
provisional share units among the new parcels; and
(f) the issue document
of provisional strata title.
(3) Upon receipt of the application, the Land Administrator
shall--

(a) endorse or cause to be endorsed a note of the making of
the application on the register document of title of the
provisional
block; and

(b) refer the application to the Director of Survey and transmit
to him a copy of the plan submitted under subsection (2).
(4)
The Director of Survey, upon receiving the copy of the plan
transmitted by the Land Administrator shall check the said plan
and
carry out or cause to be carried out such survey of the building
or parcels as he may consider desirable, and shall--
(a) advise
the Land Administrator as to whether the plans
are in order;

(b) notify the Land Administrator of the amount of fees to
be collected upon approval of the application in respect
of such survey;
and

(c) notify the Land Administrator of the amount of fees to
be collected in respect of the plans caused to be prepared
in the event
of the approval of the application.

(5) Upon receiving the advice of the Director of Survey, the
Land Administrator shall transmit to the Director, the application
and its accompanying documents together with his recommendations.
Power of Director of Lands and Mines in relation to application

21. (1) The Director shall, upon being satisfied that--
(a) the building has been completed in accordance with the
approved building
plan and any approved amendments
thereto;

34 Laws of Malaysia ACT 318

(aa) there has been no change in the number of parcels comprised
in the building and the total floor area of the building,
as indicated
in the building plans submitted pursuant to
paragraph 10A(2)(a), and there has been no change in the
total share units for the
parcels from the quantum of
provisional share units shown pursuant to paragraph
10A(2)(d);

(b) the proposed allocation of share units among the new
parcels is equitable;

(c) there is adequate means of access to each parcel not
passing through another parcel; and

(d) there is adequate means of internal communication not
passing through the common property,

approve the application.

(2) Where he has approved any application, the Director shall--
(a) transmit to the Director of Survey the application and
other
accompanying documents; and

(b) notify the Land Administrator of the approval and direct
him to collect from the proprietor, fees as notified by the
Director
of Survey under subsection 20(4) and fees for
the preparation and registration of strata titles.
Action by Director of Survey after
approval

22. Upon receipt of the application and the accompanying
documents from the Director and upon being informed by the Land
Administrator
that the survey fees referred to in paragraph 21(2)(b)
have been duly paid, the Director of Survey shall take such action
as specified
in section 13 in respect of--

(a) the preparation of a new certified strata plan incorporating
the changes made to the original certified strata plan by
the
storey plan referred to in paragraph 20(2)(c), for
filing in his office in place of the original certified strata
plan; and

(b) the preparation of a copy of the new certified strata plan
for retention by the Registrar and additional copies thereof
for
attaching to the issue documents of title of the new
parcels,

35Strata Titles

and shall transmit them to the Director the copies so prepared,
together with the application and other accompanying
documents.

Failure to apply under section 20

22A. Where an application under subsection 20(1) is not made
within the period specified in that subsection, or within that period
as extended under subsection (2) of that section, the proprietor of
the provisional strata title shall be guilty of an offence,
and liable
on conviction to a fine not exceeding five thousand ringgit and to
a further fine not exceeding one thousand ringgit
for each day the
offence continues to be committed.

Failure to pay amount demanded

22B. (1) If the proprietor of the provisional strata title fails to pay
any amount demanded pursuant to subsection 21(2) within
one
month of being served with the demand, he shall be guilty of an
offence, and liable on conviction to a fine not exceeding one
thousand ringgit and to a further fine not exceeding fifty ringgit
for each day the offence continues to be committed.
(2) The
period specified in subsection (1) may, on application
made before its expiry, be extended once by the Director by any
further
period not exceeding one month.

Modification of strata register, issue of fresh documents of title
and cancellation of provisional document of title

23. (1) Upon receiving from the Director of Survey the copies of
the new certified strata plan and the other accompanying documents
and upon being informed by the Land Administrator that the fees
for preparation and registration of strata titles have been paid,
the
Director shall direct the Registrar to take action as specified in
subsection (2).

(2) On being directed by the Director, the Registrar shall--
(a) replace the copy of the original certified strata plan in the
relevant book of the strata register with the copy of the
new certified strata plan prepared for his retention;
36 Laws of Malaysia
ACT 318

(b) amend the schedule of share units of the parcels and
make such other alterations in the relevant book of the
strata register
as are necessary to take account of the
changes as a result of the completion of the building;
(c) prepare, register and issue
in accordance with
section 16, strata titles in respect of the new parcels;
(d) endorse on the register document of title in respect
of the
former provisional block a statement to the effect that
strata titles (specifying the title numbers thereof) have
been
issued to the new parcels in the completed building;
and

(e) destroy the issue document of provisional strata title.
PART V

SUBDIVIDED BUILDINGS: DIVISION AND

AMALGAMATION OF PARCELS

Interpretation

24. In this Part, unless the context otherwise requires, the words--
"affected", in relation to a parcel, means affected or intended
to be affected by a division or amalgamation;

"amalgamation" means an amalgamation of parcels;

"application" means an application to divide or amalgamate
parcels;

"division" means a division of a parcel;

"new", in relation to a parcel, means resulting or intended to
result from a division or amalgamation.

Power to divide and amalgamate parcels

25. (1) A parcel proprietor may, with the approval of the Director--
(a) divide his parcel into two or more new parcels, each to
be held by him under a separate strata title; or

37Strata Titles

(b) where he holds two or more contiguous parcels, amalgamate
them to form one parcel to be held by him under a single
strata title.

(2) For the purposes of paragraph (1)(b) any two or more parcels
shall be taken to be contiguous if each of them shares at least
one
boundary, including a boundary which consists of a floor or ceiling,
with another of them.

(3) Where the division of a parcel or the amalgamation of two
or more parcels results in the creation of any additional or new
common property, the proprietor shall obtain the written consent
of the management corporation before making the application under
section 28 for the approval of the Director.

Effect of division or amalgamation

26. (1) On a division, the number of share units of each parcel
shall be a whole number allotted by the proprietor of the divided
parcel as approved by the Director:

Provided that the total number of share units of all the new
parcels shall be equal to the number of share units of the divided
parcel.

(2) On an amalgamation, the number of share units of the new
parcel shall be a number equal to the total number of share units
of the amalgamated parcels.

(3) Subject to subsections (1) and (2), Part VII shall apply in
relation to a new parcel in a subdivided building as if the new
parcel were one of the parcels which came into existence when the
building was subdivided.

Conditions for approval of division or amalgamation

27. The Director shall not approve a division or amalgamation
unless the following conditions are satisfied:

(a) that the proposed division or amalgamation would not
contravene any restriction in interest to which any of the
affected parcels
is subject;

38 Laws of Malaysia ACT 318

(b) that the proposed division or amalgamation would not be
contrary to the provisions of any written law for the time
being in
force, and that any requirements imposed with
respect to the division or amalgamation by or under any
such law have been complied
with;

(c) that no item of land revenue is outstanding in respect of
any affected parcel;

(d) that consent in writing to the making of the application
has been obtained from every person who at the time
when the approval
was applied for, was entitled to the
benefit of--

(i) a charge of an affected parcel;

(ii) a lease of an affected parcel or any part thereof,
other than, in the case of a division, a part

corresponding precisely with or included within

one of the new parcels;

(iii) a charge of such a lease; or

(iv) a lien over an affected parcel or such a lease;
(da) that, where the division or amalgamation results in the
creation of additional
common property or new common
property, the written consent of the management corporation
to the making of the application has
been obtained;
(e) that where an amalgamation is proposed, each new parcel
will have adequate internal means of communication not
passing through common property;

(f) that, where a division is proposed, each new parcel will
have adequate means of access not passing through another
parcel;
and

(g) that the proposed share units assigned to the new parcels
by the proprietor in his application in Form 6 are equitable.
Application
for approval

28. (1) Any application for the approval of the Director to a
division or an amalgamation shall be made in writing in Form 6
or
7, as the case may be, to the Land Administrator and shall be
accompanied by--

39Strata Titles

(a) such fee as may be prescribed;

(b) a plan in triplicate, duly certified by a land surveyor and
showing all the details of the division or amalgamation;
(c) a
statement from the applicant of the number of share
units of the new parcel or parcels;

(d) all such written consents to the making of the application
as are required under paragraph 27(d);

(da) the written consent of the management corporation to the
making of the application as required under paragraph
27(da); and

(e) the issue documents of title of the affected parcel or
parcels.

(2) Upon receiving any application, the Land Administrator
shall--

(a) endorse or cause to be endorsed a note of the making of
the application on the register document of title to each
affected
parcel; and

(b) refer the application to the Director of Survey and transmit
to him a copy of the plan submitted under subsection (1).
Action
by Director of Survey

29. The Director of Survey shall, upon receiving a copy of the
plan transmitted by the Land Administrator, check the said plan
and
carry out or cause to be carried out such survey of the affected
parcel or parcels as he may consider desirable and advise the Land
Administrator as to whether the plans are in order and notify him
of the amount of fees to be collected upon approval in respect
of
such survey and for the preparation of plans.

Lands Administrator to transmit application to Director of
Land and Mines

30. Upon receiving the advice of the Director of Survey, the
Land Administrator shall transmit to the Director, the application
and its accompanying documents together with his recommendations.
40 Laws of Malaysia ACT 318

Power of Director of Lands and Mines in relation to application
for division or amalgamation

31. (1) The Director, upon receiving the application and its
accompanying documents from the Land Administrator, shall--
(a) approve
the division or amalgamation to which the plan
relates if it appears to him that the conditions specified
in section 27 are satisfied;
and

(b) in any other case, reject the application.

(2) Where the Director has rejected an application, he shall
notify the Land Administrator who shall forthwith inform the
proprietor
and shall cancel or cause to be cancelled the note thereof
endorsed on the register document of title under subsection 28(2).
(3)
Where the Director has approved a division or an
amalgamation, he shall--

(a) transmit to the Director of Survey the application and
other accompanying documents; and

(b) notify the Land Administrator of the approval and direct
him to collect from the proprietor, fees as notified by the
Director
of Survey under section 29, and fees for the
preparation and registration of strata titles.

Preparation of new certified strata plan by Director of Survey

32. The Director of Survey shall, upon receiving the approved
application and other accompanying documents, and upon being
informed
by the Land Administrator that the amount demanded in
respect of his fees has been duly paid, take such action as specified
in
section 13 in respect of--

(a) preparation of a new certified strata plan incorporating
the changes made by the division or amalgamation, for
filing in his
office in place of the original certified strata
plan; and

(b) preparation of a copy of the new certified strata plan for
retention by the Registrar and additional copies thereof
for attaching
to the issue documents of title,

41Strata Titles

and shall transmit to the Director, the copies so prepared,
together with the application and other accompanying
documents.

Modification of strata register and issue of fresh documents of
title

33. (1) Upon receiving from the Director of Survey the copies of
the new certified strata plan and other accompanying documents,
and upon being informed by the Land Administrator that the fees
in respect of the preparation and registration of strata title
to the
new parcel or parcels have been duly paid, the Director shall direct
the Registrar to take action as specified in subsection
(2).
(2) On being directed by the Director, the Registrar shall--
(a) replace the copy of the original certified strata plan in
the
relevant book of the strata register with the copy of the
new certified strata plan prepared for his retention;
(b) amend
the schedule of share units of the parcels and
make such other alterations in the relevant book of the
strata register as are necessary
to take account of the
changes made by the division or amalgamation; and
(c) issue title in continuation to the new parcel or parcels
as
if he were issuing title in continuation to land subdivided
or amalgamated under Chapter 1 or 3 of Part Nine of the
National
Land Code.

Effect of registration in respect of common property created
upon division or amalgamation

33A. Upon the registration of the strata title or titles to the new
parcel or parcels upon the division or amalgamation, the parts
of
any parcel which are created as common property shall be deemed
to form part of the common property in relation to all the parcels
comprise within the subdivided building.

42 Laws of Malaysia ACT 318

PART VI

RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL

PARCELS AND PROVISIONAL BLOCKS

Rights of proprietor in his parcel and common property

34. (1) Subject to this section and other provisions of this Act,
a proprietor shall have--

(a) in relation to his parcel (in the case of a parcel proprietor),
the powers conferred by the National Land Code on a
proprietor
in relation to his land; and

(b) in relation to the common property, the right of user
which he would have if he and the other proprietors were
co-proprietors
thereof.

(2) No rights in an accessory parcel shall be dealt with or
disposed of independently of the parcel to which such accessory
parcel
has been made appurtenant.

(3) No rights in the common property shall be disposed of by
a proprietor except as rights appurtenant to a parcel; and any
disposition
of a parcel by a proprietor shall without express reference
include a like disposition of the rights in the common property
which
are appurtenant to the parcel.

Rights of support, service and shelter

35. (1) In favour of and against each parcel proprietor there shall
be implied a right of support and a right of service.
(2) Each
parcel proprietor shall be entitled to have his parcel
sheltered by all such parts of the subdivided building as are capable
of
affording shelter and may, for the purpose of replacing, renewing
or restoring any such shelter, enter upon the common property
or
any other parcel.

(3) The rights and obligations mentioned in subsections (1) and
(2) shall be effective without memorial or notification in the strata
register, and there shall be implied in respect of them such ancillary
rights and obligations as are reasonably necessary to make
them
effective.

43Strata Titles

(4) In this section--

"right of support" means a right to subjacent and lateral support
by the common property and by every other parcel capable of
affording
support;

"right of service" means rights to the passage or provision of
water, sewage, drainage, gas, electricity, garbage, artificially
cooled
or heated air and other services (including telephone, radio and
television services) through or by means of pipes, wires,
cables or
ducts.

Share unit entitlements

36. The value of each parcel, except in the case of an accessory
parcel where no share value shall be allotted, shown in the schedule
of share units shall be taken as the share unit entitlement, and in
the case of a provisional block the value shall be taken as
the
provisional share unit entitlement. The share units of a parcel or
the provisional share units in the case of a provisional
block as
specified in the strata title or in the provisional strata title, as the
case may be, shall determine--

(a) the voting rights of the proprietors;

(b) the quantum of the undivided share of each proprietor in
the common property; and

(c) the proportion payable by each proprietor of the contribution
levied by the management corporation pursuant to section
45,
63, or 66.

Restrictions on voting rights

37. (1) Where a parcel proprietor is for any reason, unable to
control his property, the powers of voting conferred on him by the
Second Schedule shall be exercisable by the person who is for the
time being authorized by law to control that property.
(2) Where
a parcel proprietor's interest is subject to a registered
charge, the powers of voting conferred on him by the Second
Schedule
shall, unless it is otherwise agreed between him and the
chargee first entitled in priority, be exercisable by that chargee
either
personally or by proxy.

44 Laws of Malaysia ACT 318

Power of court where no person is able to vote in respect of
a parcel

38. Where a court of competent jurisdiction on the application of
the management corporation or a proprietor, is satisfied that there
is no person who is able to vote in respect of a parcel, the court--
(a) shall, in cases where a unanimous resolution is required;
and

(b) may, in any other case,

appoint a Public Trustee or some other fit and proper person to
exercise such of the powers of voting attached to the parcel by
the
Second Schedule, as the court may determine.

PART VII

MANAGEMENT OF A SUBDIVIDED BUILDING

Establishment of management corporation

39. (1) Upon the opening of a book of the strata register in
respect of a subdivided building there shall, by the operation of
this
section, come into existence a management corporation consisting
of all the parcel proprietors including in the case of phased
development, the proprietor of the provisional block or blocks.
(2) The management corporation established by subsection (1)
shall
be known by the name appearing in the book of the strata
register relating to a subdivided building, and shall be a body
corporate
having perpetual succession and a common seal.
(2A) The management corporation may apply to the Registrar
for a certificate certifying
that the management corporation is a
body corporate constituted under this Act on the day specified in
the certificate.

(3) The management corporation may sue and be sued.
(4) The management corporation shall elect a council which,
subject to any
restriction imposed or direction given by the
management corporation at a general meeting, shall perform the
45Strata Titles

management corporation's duties and conduct the management
corporation's business on its behalf, and may for that purpose
exercise
any of the management corporation's powers.
(5) The provisions of the Second Schedule shall have effect in
relation to the management
corporation and its council.
Restrictions imposed on management corporation during initial
period

40. (1) Notwithstanding any other provisions of this Act, the
management corporation shall not, during the initial period--
(a)
amend, add to or repeal its by-laws in such a manner that
a right is conferred or an obligation is imposed on one
or more but not
all, proprietors or in respect of one or
more, but not all, parcels or provisional blocks;
(b) borrow moneys or give securities;
or

(c) enter into any maintenance or service contracts for any
periods extending beyond the expiration of the initial
period.

(2) Without prejudice to any other remedy available against the
original proprietor, if a management corporation contravenes
subsection
(1), the original proprietor shall be liable for any loss
suffered by the management corporation or any parcel proprietor
as a
result of the contravention and the management corporation
or any parcel proprietor may recover from the original proprietor
as
damages for breach of a statutory duty, any loss suffered by it
or him in consequence of such contravention.

Duty of original proprietor to convene first annual general
meeting

41. (1) It shall be the duty of the original proprietor to convene
the first annual general meeting of the management corporation
within one month after the expiration of the initial period.
(2) If the original proprietor fails to comply with subsection
(1),
he shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding one thousand ringgit.

46 Laws of Malaysia ACT 318

(3) Without prejudice to subsections (1) and (2), if the original
proprietor fails to convene the first annual general meeting within
the specified period, the Director may, on application by the
management corporation, a proprietor or chargee of a parcel, appoint
a person to convene the first annual general meeting of the
management corporation within such time as may be specified by
the
Director.

(4) The original proprietor shall give a written notice of the
first annual general meeting to all parcel proprietors constituting
the management corporation not less than fourteen days before the
meeting.

(5) The agenda for the first annual general meeting shall include
the following matters:

(a) to decide whether to confirm, vary or extend insurances
effected by the management corporation;

(b) to decide whether to confirm or vary any amounts determined
as contributions to the management fund;

(ba) to determine the portion of contribution to the management
fund to be paid into the special account to be maintained
under
section 46;

(c) to determine the number of members of the council and
to elect the council where there are more than three
proprietors; and

(d) to decide whether to amend, add to or repeal the by-laws
in force immediately before the holding of the meeting.
Contributions
payable by parcel proprietors

41A. Where the first annual general meeting of a management
corporation in respect of a subdivided building has not yet been
convened,
the proprietor of each of the parcels or provisional
blocks, if any, in the subdivided building shall, commencing from
the opening
of the book of the strata register in respect of the
subdivided building, pay to the management corporation any such
sum which
has been approved by the Director as the amount
payable for the maintenance of the subdivided building and the
common property
and such sum shall be deemed to be the amount
determined by the management corporation as the contribution
payable by the proprietors
to the management fund of the management
corporation.

47Strata Titles

Ownership of common property and custody of issue document
of title

42. (1) The management corporation shall, on coming into
existence, become the proprietor of the common property and be
the custodian
of the issue document of title of the lot.
(2) The management corporation shall have in relation to the
common property the powers
conferred by the National Land Code
on a proprietor in relation to his land:

Provided that--

(i) except where it is specifically provided otherwise in this
Act, those powers may be exercised only on the authority
of a unanimous
resolution; and

(ii) the corporation shall not have power to transfer any portion
of the common property which forms part of the building
or of
the land on which the building stands.

Duties and powers of management corporation

43. (1) The duties of the management corporation include the
following:

(a) to manage and properly maintain the common property
and keep it in a state of good and serviceable repair;
(b) to insure and
keep insured the subdivided building to the
replacement value thereof against fire and such other
risks as may be prescribed under
this Act;

(c) to effect such other insurance of the subdivided building
as may be required by law;

(d) to insure against such other risks as the proprietors may
by special resolution direct;

(e) to apply insurance moneys received by it in respect of
damage to the subdivided building in rebuilding and
reinstating it in
so far as it may be lawful to do so,
subject to any order made by the court under section 56;
(f) to pay premiums on any insurance
effected by it;
48 Laws of Malaysia ACT 318

(g) to comply with any notices or orders given or made by
any competent public or statutory authorities requiring
the abatement
of any nuisance on the common property,
or ordering repairs or other work to be done in respect
of the common property or any building
or other

improvements on the lot;

(h) to comply with any such notices or orders as are referred
to in paragraph (g) given or made in respect of any of
the parcels,
if the proprietor fails to do so within a reasonable
time;

(i) to prepare and maintain, in such form as may be prescribed,
a strata roll for the subdivided building; and

(j) to pay the rent of the lot.

(2) The powers of the management corporation shall include
the following:

(a) to recover from any parcel proprietor any sum expended
by the management corporation in respect of that

proprietor's parcel in complying with any such notices
or orders as are referred to in paragraph (1)(h);
(b) to purchase, hire
or otherwise acquire movable property
for use by the parcel proprietors in connection with their
enjoyment of the common property;

(c) to borrow moneys required by it in the exercise of its
powers or the performance of its duties;

(d) to secure the repayment of moneys borrowed by it and
the payment of interest thereon by negotiable instrument
or by a charge
of unpaid contributions to the management
fund, (whether already levied or not) by a charge of any
property vested in it or by
a combination of any of those
means;

(e) to collect during the initial period by way of contributions
from proprietors in proportion to the share units or
provisional
share units of their respective parcels or
provisional blocks; and

(f) to do all things reasonably necessary for the performance
of its duties under this Part and for the enforcement of
the by-laws
set out in the Third Schedule.

49Strata Titles

(3) The management corporation shall be deemed--

(a) for the purposes of effecting any insurance under paragraph
(1)(b) or (c), to have an insurable interest in the subdivided
building equal to its replacement value; and

(b) for the purposes of effecting any insurance under paragraph
(1)(d), to have an insurable interest in the subject matter
of
the insurance.

(4) A policy of insurance taken out by the management
corporation under this section in respect of the subdivided building
shall
not be liable to be brought into contribution with any other
policy of insurance, except another policy taken out under this
section
in respect of the same subdivided building.
(5) Where the management corporation performs any repairs,
work or act that is required
or authorized by or under this Part or
by or under any other written law to perform (whether or not the
repairs, work or act were
or was performed consequent upon the
service on it by any Government or statutory authority of any
notice or order), but the repairs,
work or act were or was wholly
or substantially the liability or the responsibility of the proprietor
of a parcel only, or wholly
or substantially for the benefit of some
of the parcels only, any money expended by the management
corporation in performing the
repairs, work or act shall--
(a) in the case where the repairs, work or act were or was
wholly or substantially the liability or
the responsibility
of the proprietor of a parcel only, be recoverable by the
management corporation in an action in a court of
competent
jurisdiction as a debt due to it jointly and severally from--
(i) the relevant proprietor of the parcel at the time
when the repairs, work or act were or was performed;
and

(ii) the relevant proprietor of the parcel at the time
when the action was commenced; or

(b) in the case where the repairs, work or act were or was
wholly or substantially for the benefit of some of the
parcels only,
or wholly or substantially the liability or
the responsibility of the proprietors of some of the parcels
50 Laws of Malaysia ACT
318

only, be recoverable by the management corporation in
an action in a court of competent jurisdiction as a debt
due to it jointly
and severally from--

(i) the relevant proprietor of each of such parcels at
the time when the repairs, work or act were or was
performed; and

(ii) the relevant proprietor of each of such parcels at
the time when the action was commenced,

the amount payable by any proprietor and former proprietor in
respect of any parcel being not more than the proportion of the
debt
which the share unit of the parcel then bears to the total share
units of all those parcels.

(6) A proprietor of a parcel who is not the proprietor of the
parcel at the time when the repairs, work or act referred to in
subsection
(5) were or was performed shall not be liable to pay
the management corporation any amount due under that subsection
if he has,
at any time on or within twenty-one days before the date
he acquired the title or interest in the parcel, made a requisition
in
writing to the management corporation to inquire about the
amount (if any) recoverable by the management corporation under
that
subsection in respect of the parcel and the management
corporation has--

(a) certified that no amount is recoverable by the management
corporation in respect of the parcel; or

(b) not given a reply to the requisition at any time within
fourteen days of the date of the service of the requisition.
(7) Where
the management corporation incurs any expenditure
or performs any repairs, work or act that it is required or authorized
by or
under this Part or by or under any other written law to
perform (whether or not the expenditure was incurred or the repairs,
work
or act were or was performed consequent upon the service
on it by any Government or statutory authority of any notice or
order)
and the expenditure or the repairs, work or act were or was
rendered necessary by reason of any wilful or negligent act or
omission
on the part of, or breach of any provision of its by-laws
by, any person of his tenant, lessee, licensee or invitee, the amount
of that expenditure of any money expended by it in performing the
repairs, work or act shall be recoverable by it from that person
as
a debt in an action in any court of competent jurisdiction.
51Strata Titles

(8) The generality of this section shall not be prejudiced by any
other provision in this Part conferring a power or imposing a
duty
on the management corporation.

By-laws for the regulation of a subdivided building

44. (1) The by-laws set out in the Third Schedule shall, as and
from the opening of a book of the strata register be in force for
all purposes in relation to every subdivided building and shall not
be amended by the management corporation.

(2) The management corporation may by special resolution
make additional by-laws, or make amendments to such additional
by-laws,
not inconsistent with the by-laws set out in the Third
Schedule, for regulating the control, management, administration,
use and
enjoyment of the subdivided building.

(3) The by-laws for the time being in force in respect of the
subdivided building shall bind the management corporation and
the
proprietors to the same extent as if they constituted properly
executed agreements--

(a) on the part of the management corporation with each
proprietor; and

(b) on the part of each proprietor with every other proprietor
and with the management corporation,

to observe and perform all the provisions of the by-laws.
(4) The management corporation shall--

(a) keep a record of the by-laws in force from time to time;
(b) on receipt of an application in writing made by a proprietor
or
by a person duly authorized to apply on behalf of a
proprietor for a copy of the by-laws in force, supply to
such proprietor or
duly authorized person at a reasonable
cost a copy of the by-laws; and

(c) on the application of any person who satisfies the
management corporation that he has a proper interest in
so applying, make
such by-laws available for inspection.
Laws of Malaysia ACT 31852

(5) No by-law is capable of operating--

(a) to prohibit or restrict the transmission, transfer, lease or
charge of, or any other dealing with any parcel of a
subdivided
building; and

(b) to destroy or modify any easement expressly or impliedly
created by or under this Act.

(5A) In subsection (5) "easement" includes a right or obligation
created by section 35.

(6) A copy of any by-laws made by the management corporation
under subsection (2) and any amendment of any by laws for the
time
being in force, certified as a true copy under the seal of the
management corporation, shall be lodged by the management
corporation
with the Director within thirty days of the passing of
the resolution by the management corporation approving the by-
laws.

(7) The management corporation or any proprietor shall be
entitled to apply to a court of competent jurisdiction--
(a) for an order
to enforce the performance of, or restrain the
breach of, any by-laws by; or

(b) to recover damages for any loss or injury to any persons
or properties arising out of the breach of any by-laws
from,

any persons bound to comply therewith, the management corporation
or the administrator, and the court may make such order against
any such persons, the management corporation or the members of
its council, or the administrator, as the court thinks fit.
Management
fund

45. (1) The management corporation shall establish a management
fund sufficient in the opinion of the management corporation to
meet the administrative expenses as may be incurred for the purposes
of controlling, managing and administering the common property,
paying rent, rates and premiums of insurance and discharging any
other obligation of the management corporation.

53Strata Titles

(2) The management corporation may invest any moneys in the
management fund, but only in such investments or in such manner
as
may be approved at a general meeting.

(3) Subject to section 41A, for the purpose of establishing and
maintaining the management fund the management corporation
may
at a general meeting--

(a) determine from time to time the amount to be raised for
the purposes mentioned in subsection (1);

(b) raise the amounts so determined by levying contributions
on the proprietors in proportion to the share units or
provisional
share units of their respective parcels or
provisional blocks; and

(c) determine the amount of interest payable by a proprietor
in respect of late contributions which shall not exceed
the rate of
ten per cent per annum.

(4) On application by or on behalf of a person who is a proprietor
of a parcel, or by or on behalf of a prospective purchaser of
a
parcel that is offered for sale, or by or on behalf of the chargee
or prospective chargee of a parcel, the management corporation
shall issue to that person a certificate certifying--
(a) the amount determined, pursuant to subsection (3), as the
contributions
of that proprietor;

(b) the time and manner of payment of the amount determined
by it pursuant to that subsection;

(c) the extent, if any, to which the contribution has been
paid;

(d) the amount (if any) then recoverable by the management
corporation in respect of the parcel pursuant to subsection
43(5);

(e) the sum standing to the credit of the management fund
and the amount out of that fund committed or reserved
for any expenses
already incurred by the management
corporation; and

(f) whether or not the management corporation has incurred
any expenditure or is about to perform any repairs, work
or act in respect
of which a liability is likely to be incurred
Laws of Malaysia ACT 31854

by the proprietor of the parcel under any provision of this
Part and, if so, the estimated amount of the expenditure
or the general
nature of the repairs, work or act, and as
against the management corporation and in favour of any
person (including the member)
relying in good faith on
such certificate, that certificate shall be conclusive evidence
of the matters certified therein.

(5) Any contribution levied under subsection (3) in respect of
a parcel shall be due and payable on the passing of a resolution
to that effect by the management corporation and in accordance
with the terms of that resolution, and may be recovered as a debt
from a proprietor of, or his successor in title to, the parcel.
(5A) Any contribution levied under subsection (3) in respect of
a provisional block shall be due and payable on the passing of a
resolution to that effect by the management corporation and in
accordance with the terms of that resolution, and may be recovered
as a debt from the proprietor of the provisional block or, where
the building to which the provisional block relates has been
subdivided, from the proprietors of the parcels in the building, or
their successors in title, in proportion to the share units of their
respective parcels.

(6) For the purposes of subsection (5) the word `proprietor'
shall include the person for the time being receiving the rent of
the parcel, whether as agent or trustee or as receiver, and who
would receive the same if the parcel were let to a tenant.
Special
account

46. The management corporation shall maintain a special account
in which shall be paid such portion of the contribution to the
management
fund as may be from time to time determined under
paragraph (ba) of subsection 41(5) by special resolution for the
purposes of
meeting its actual or expected liabilities in respect of
the following matters:

(a) for painting or repainting any part of the common property
which is a building or other structure;

(b) for the acquisition of any movable property for use in
relation with the common property;

55Strata Titles

(c) for the renewal or replacement of any fixtures or fittings
comprised in any common property and any movable

property vested in the body corporate; and

(d) for any other expenditure not being expenditure incurred
under subsection 43(5) to meet a liability for maintenance
or for
settling any defaults in payment by a proprietor.
Acquisition of additional land, grant and acceptance of easements,
etc.

47. (1) The management corporation, if authorized by a unanimous
resolution, may--

(a) acquire land outside the lot to be used for purposes
connected with subdivided building;

(b) grant or accept the burden of an easement imposed on the
lot for the benefit of some other land;

(c) accept the benefit of an easement imposed in favour of
the lot on some other land; or

(d) (Deleted by Act A753).

(2) Land outside the lot acquired under paragraph (1)(a) shall
be treated and dealt with as if it were part of the common property:
Provided that land so acquired shall be held on a separate title
and shall not be amalgamated with the lot.

(3) Where an instrument is executed by the management
corporation in the exercise of its powers under subsection (1)--
(a) the
instrument shall be valid and effective without execution
by any proprietor or other person or body having an
interest in the land;

(b) the receipt of the management corporation for any moneys
payable to the corporation under the instrument shall be
a good and
sufficient discharge which exonerates the
person or body paying the moneys from responsibility
for the application thereof;

(c) when the instrument is lodged for registration it shall be
endorsed with or accompanied by a certificate under the
seal of
the management corporation stating that--
Laws of Malaysia ACT 31856

(i) the resolution directing the transaction to which
the instrument relates was duly passed; and

(ii) the transaction conforms to the terms of the
resolution;

(d) (Deleted by Act A753).

(e) a certificate given under paragraph (c) shall, in favour of
the Registrar or a party to the transaction other than the
management
corporation, be conclusive evidence of the
facts certified.

48. (Deleted by Act A753).
Rating

49. (1) The management corporation shall--
(a) within one month after its establishment, or within such
further period as the rating
authority may allow, supply
the rating authority with two copies of the certified strata
plan in respect of the subdivided building
and with the
names and addresses of the members of the council of
the corporation; and

(b) keep the rating authority informed of any changes in the
plan, names and addresses supplied under paragraph (a).
(2) Where
a rate is levied on the common property, the
management corporation shall be liable to pay the rate.
(3) For the purposes of this
section the words "the rating authority"
shall mean in relation to a subdivided building any authority
authorized by law to levy
rates.

50. (1) The Director may, upon complaints by a proprietor or any
other person or body having a registered interest in a parcel that
the management corporation has not functioned satisfactorily, if
satisfied that it is in the interests of the parcel proprietors
in the
subdivided building concerned, appoint a managing agent to exercise
the powers and discharge the duties and functions of
the management
corporation.

57Strata Titles

(2) Where the Director makes the appointment under subsection
(1), he may also specify that the managing agent shall have and
may
exercise and discharge--

(a) all the powers, duties and functions of the management
corporation for the subdivided building to which the
appointment relates
or of the council of the management
corporation;

(b) any one or more of those powers, duties and functions
specified in the appointment; or

(c) all of those powers, duties and functions except those
specified in the appointment.

(3) The expenses incurred by the managing agent shall be charged
on the management fund of the management corporation.
Appointment
of administrator for management corporation

51. (1) A court of competent jurisdiction on the application of
the management corporation, a proprietor or any other person or
body having a registered interest in a parcel may, appoint an
administrator for the management corporation for a fixed or indefinite
period and on such terms and conditions as to remuneration or
otherwise as the court thinks fit.

(2) The remuneration and expenses of the administrator shall
be charged on the management fund of the management corporation.
(3)
The administrator shall, to the exclusion of the management
corporation, have the power and perform the duties of the management
corporation, or such of them as the court may direct:
Provided that this subsection shall not preclude the management
corporation
from applying under subsection (5) for the removal or
replacement of the administrator.

(4) An administrator when appointed shall forthwith lodge with
the Registrar an office copy of the order of court making his
appointment.

(5) The court may, on the application of the management
corporation or any person or body entitled to apply under subsection
(1),
remove or replace the administrator.

Laws of Malaysia ACT 31858

(6) Where an order of the court for removal or replacement of
an administrator has been granted to any person, such person shall
forthwith lodge with the Registrar, an office copy of such order.
(7) On any application made under this section the court may
make such order for the payment of costs as it thinks fit.
The recovery of sum as debt due to management corporation

52. (1) The payment of any amount lawfully incurred by the
management corporation in the course of the exercise of any of
its powers
or functions or carrying out of its duties or obligations
shall by virtue of this section be guaranteed by the proprietors for
the time being constituting the management corporation, each
proprietor being liable under such guarantee only for such proportion
of the money so incurred as the share units of his parcel or the
provisional share units of his provisional block bear to the aggregate
share units.

(2) Where any proprietor has not discharged or fully discharged
his liability for the purpose of subsection (1), the management
corporation shall be entitled to recover from the proprietor in any
court of competent jurisdiction as a debt due to it.
(3) Where
for reasons of insufficiency of fund to meet the sum
guaranteed under subsection (1), the management corporation may
at an annual
general meeting or at an extraordinary general meeting
determine the amount to be contributed by each proprietor and
decide any
other issue or matter relating to the settlement of the
said sum.

Recovery of sums due

53. (1) Where a sum becomes recoverable by the management
corporation from a proprietor by virtue of paragraph 43(2)(a),
subsection
45(5) or (5A) and subsection 52(2), the management
corporation may serve on the proprietor a written notice requesting
payment
of the sum due within such period, which shall not be less
than two weeks from the date of service of the notice, as may be
specified
in the notice.

59Strata Titles

(2) If at the end of the period specified in the notice under
subsection (1) the sum or part of the sum due remains unpaid, the
management corporation may serve on the proprietor a written
notice demanding payment of the sum due within two weeks from
the
date of service of the notice; and if upon expiry of the said
period, the sum due still remains unpaid, the management corporation
may file a summons in any court of competent jurisdiction for the
recovery of the said sum or, in addition or as an alternative
to
recovery under this section, resort to recovery under section 53A.
Recovery of sums by attachment of movable property
53A.
(1) In the like circumstances in which the management
corporation may, by virtue of subsection 53(2), file a summons for
the recovery
of a sum which becomes recoverable as mentioned
in subsection (1) of that section, the Land Administrator may,
upon sworn application
in writing made by any member of the
council of the management corporation, issue a warrant of attachment
in Form 7A authorizing
the attachment of any movable property
belonging to the defaulting proprietor which may be found in the
building or elsewhere in
the State.

(2) The warrant shall be executed by a member of the council
of the management corporation or by a person specially employed
by
the council to execute such warrants; and a person executing
the warrant shall be deemed to be a public servant for the purposes
of the Penal Code [Act 574].

(2A) If the management corporation encounters difficulties in
executing the warrant, it may seek the assistance of the Director,
and in providing such assistance, the Director may request for the
assistance of a police officer not below the rank of Inspector.
(3) A person executing the warrant--

(a) may, in the daytime, effect forcible entry into any house
or building or any part thereof for the purpose of executing
the
warrant; and

(b) shall, immediately after attachment, make an inventory
of the property attached under the warrant and serve a
notice in Form
7B on the person who, at the time of
attachment, was or appeared to be in possession of the
property.

Laws of Malaysia ACT 31860

(3A) Any tenant, sub-tenant, or occupier who, in order to avoid
the attachment or sale of the movable property for non payment
of any sum due to the management corporation by the parcel
proprietor, pays such sum may thereafter, in the absence of any
written
agreement to the contrary, deduct the amount so paid by
him from the rent due or to become due by him to the parcel
proprietor,
and may retain possession until such amount has been
fully reimbursed to him whether by deduction from the rent or
otherwise.

(3B) The receipt issued by the management corporation for any
amount so paid by any such tenant, sub-tenant or occupier shall
be
deemed an acquittance in full for the like amount of rent.
(4) If any person whose property is attached disputes the legality
of
the attachment, he may, within fourteen days of the date of
attachment, apply to the Magistrate's Court having jurisdiction in
the place of attachment for an order for the release of the property,
and the Magistrate's Court, after making such enquiry as may
be
necessary, shall grant or refuse to grant the order.
(5) If the sum due is not paid within fourteen days from the
date of attachment,
the property attached or such portion thereof
as may be sufficient to realize the sum shall be sold by public
auction, unless within
that period an application is made under
subsection (4), in which case the property shall be held pending
the decision of the Magistrate's
Court and shall then be dealt with
as the Magistrate's Court may order.

(6) If the Magistrate's Court refuses to grant an order for the
release of the property, and that decision of the Magistrate's Court
is reached within fourteen days from the date of attachment, the
property shall not be sold before the expiry of that period.
(7) Notwithstanding subsections (5) and (6), if the property is
of a perishable nature, it may be sold at once, and in that case
the
proceeds of sale shall be held pending the decision of the Magistrateís
Court and shall then be dealt with as the Magistrate's
Court may
order.

(8) In any other case, the proceeds of sale shall be applied in
satisfaction of the sum due together with the costs of the attachment
and sale, and any surplus and any property not sold shall be paid
or returned to the person who, at the time of attachment, was
or
appeared to be in possession of the property.

61Strata Titles

(9) The costs of attachment shall include the expenses of the
maintenance of livestock and the custody of movable property.
(10)
In this section, unless the context otherwise requires,
"proprietor", in relation to the recovery of a sum recoverable by
virtue
of subsection 45(5) or (5A) from a parcel proprietor, includes
any successor in title to the parcel proprietor.

(11) Where any property is sold by virtue of subsection (7)
before the expiry of fourteen days from the date of attachment, the
reference in subsection (4) to an order for the release of the property
shall be construed as a reference to an order for the release
of the
proceeds of the sale of the property.

Service of documents

54. (1) The management corporation shall at the main entrance
to the lot--

(a) cause to be continuously displayed a notice showing the
name of the management corporation and the address for
service of documents
as shown in the book of the strata
register; and

(b) cause to be continuously available a receptacle suitable
for purposes of postal delivery with the name of the
management corporation
clearly shown thereon, where the
address for service of documents shown in the book of the
strata register is the postal address
of a building erected
within the lot.

(2) Where the address for service of documents is altered the
management corporation shall forthwith notify the Registrar and
the
Director of the alteration, and the Registrar shall make the
appropriate endorsement in the book of the strata register.
(3) A
document may be served on the management corporation
by sending it by pre-paid registered post addressed to the management
corporation
at the address shown on the book of the strata register.
(4) Section 431 of the National Land Code relating to the
methods of service
shall apply to this section.

Laws of Malaysia ACT 31862

(5) For the purposes of this section the word "documents" shall
include summons, notice, order and other legal process.
Breaches
of provisions of this Part

55. (1) If the management corporation commits a breach of any
of the provisions of this Part or makes default in complying with
any requirements of or duties imposed on it by any of the provisions
of this Part, the management corporation and every member of
its
council, and any other proprietor, who knowingly is a party to the
breach or default shall be guilty of an offence and shall
be liable,
on conviction to a penalty expressly prescribed for such breach or
default, or if no penalty is so prescribed, to a
fine not exceeding
two thousand ringgit.

(2) Where a requirement or duty is imposed on the management
corporation by this Part, any person for whose benefit, or the
benefit
of whose parcel that requirement or duty is imposed on the
management corporation, may apply to a court of competent
jurisdiction
for an order compelling the management corporation
to carry out that requirement or perform that duty, as the case may
be, and
on such an application being made, the court may make
such order as it thinks proper.

Failure to pay contributions

55A. Where any proprietor has failed to pay the contribution demanded
by the management corporation in the manner set out in section
53, the proprietor shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding five thousand ringgit
and to
a further fine not exceeding fifty ringgit for every day during
which the contribution remains unpaid after conviction.
PART VIII

TERMINATION OF SUBDIVISION OF SUBDIVIDED

BUILDING

Power of court when subdivided building is damaged

56. (1) When a subdivided building is damaged but is not totally
destroyed, a court of competent jurisdiction on the application
of
the management corporation, a parcel proprietor, or a registered
63Strata Titles

chargee of any parcel, may by order, settle a scheme for the
reinstatement or the continued use of the building in whole or in
part and any such scheme may include provision for the transfer
of the interests of the proprietors of parcels which have been
wholly or partially destroyed to the other parcel proprietors in
proportion to their share units.

(2) In the exercise of its powers under subsection (1), the court
may make such orders as it deems necessary or expedient for
giving
effect to the scheme, including orders--

(a) directing the application of insurance moneys received
by the management corporation in respect of damage to
the building;

(b) directing payment of money by the management corporation
or by the parcel proprietors or some or one or more of
them;

(c) directing such amendment or replacement of the certified
strata plan and such consequential amendment or

replacement of the strata register as the court thinks fit;
and

(d) imposing such terms and conditions as the court thinks
fit.

(3) Where an application is made under subsection (1), any
insurer who has effected insurance on the building to which the
application
relates (or on any part thereof) shall have the right to
appear on the hearing of the application.

Termination of subdivision

57. (1) The management corporation, where--
(a) the building is totally destroyed; or

(b) the parcel proprietors seek to demolish the building or,
in the case of a building which has been partially destroyed,
the
remaining parts of the building; or

(c) there is only one proprietor for all the parcels,
may be directed by unanimous resolution to take action to terminate
the subdivision
of the building; and, subject to any order of a court
of competent jurisdiction made under subsection (7), the management
Laws
of Malaysia ACT 31864

corporation if so directed shall lodge with the Registrar a notification
in Form 8 together with the issue documents of title of
the land
and the parcels and of provisional blocks, if any.
(2) On receipt of a notification under subsection (1) the Registrar
shall make a memorial of the notification in the register and the
strata register, and shall inform the Director of Survey that
he has
done so.

(3) On the making of a memorial under subsection (2) in respect
of a subdivided building--

(a) the subdivision shall be terminated and the proprietors
shall cease to be proprietors of the parcels and provisional
blocks;
and

(b) the management corporation shall become the proprietor
of the lot as the trustee of the former proprietors.
(4) Where the management
corporation becomes the proprietor
of the lot under subsection (3)--

(a) any registered charge on a parcel which existed immediately
before the termination of the subdivision shall be converted
into
a personal obligation of the chargor to pay to the
chargee what is due under the charge;

(b) each of the former proprietors shall continue to be a
member of the corporation, having the same voting rights
as he had immediately
before the termination of the
subdivision;

(c) the management corporation shall hold and manage the
lot for the benefit of the former proprietors;

(d) the former proprietors may by unanimous resolution direct
the management corporation to transfer the lot to any one
or more
of the former proprietors or to any other person
or body; and

(e) the management corporation shall distribute any profits
arising from its proprietorship of the lot (including any
purchase
money received on a transfer) to the former
proprietors proportionately to the share units or provisional
share units which they
held immediately before the
termination of the subdivision.

65Strata Titles

(5) Notwithstanding the termination of a subdivision under this
section, the relevant book of the strata register shall continue
in
existence while the management corporation remains the proprietor
of the lot and may be used in evidence as a record of matters
relating to the subdivision before its termination.
(6) Where the management corporation, having become the
proprietor of the
lot under subsection (3), transfers the lot in
pursuance of a direction under paragraph (4)(d)--
(a) the management corporation
shall continue in existence
for so long as it is reasonably necessary to wind up its
affairs and shall then cease to exist; and

(b) the Registrar shall cancel the relevant book of the strata
register.

(7) A court of competent jurisdiction, if it is satisfied that the
justice of the case so requires--

(a) may on the application of the management corporation,
a parcel proprietor or the registered chargee of a parcel
make an order--

(i) directing the management corporation to take action
under subsection (1) notwithstanding the absence

of a unanimous resolution; or

(ii) prohibiting the management corporation from taking
action under subsection notwithstanding a direction
given by unanimous
resolution; and

(b) where the management corporation has transferred the
lot in pursuance of a direction under paragraph (4)(d),
may on the application
of the management corporation,
a former proprietor or a former chargee make an order
for the winding up of the affairs of the management
corporation.

(8) In this section--

"former chargee" means a person who, or a body which, immediately
before the subdivision of a subdivided building is terminated
under
this section, is the registered chargee of a parcel in the building;
Laws of Malaysia ACT 31866

"former proprietor" means a person who, or a body which,
immediately before the subdivision of a subdivided building is
terminated
under this section, is the proprietor of a parcel in the
building or of a provisional block on the land on which the building
is
situated.

PART IX

PROVISIONS FOR LOW-COST BUILDINGS

Classification of low-cost buildings

58. (1) The State Authority may, on an application by a proprietor
of any alienated land or at any time on its own motion, having
regard to the location, nature of construction and the cost of the
building, classify it to be a low-cost building.

(2) Without prejudice to subsection (1), the State Authority
may by rules made under section 81, classify any type of buildings
to be a low-cost building.

(2A) No building erected in a provisional block shall be classified
under subsection (l) or (2) to be a low-cost building.
(3)
Upon classifying any building to be a low-cost building
under subsections (1) and (2), the State Authority shall issue a
certificate
to the proprietor of the land.

Application for subdivision by proprietor of low-cost building

59. Upon receipt of the certificate by the State Authority under
section 58, the proprietor of the land may apply for the subdivision
of the building under section 10.

Application of this Part upon opening of a book of the strata
register

60. Upon approval of the subdivision of the low-cost building
and the opening of a book of the strata register in respect of the
subdivided building, the provisions of this Part shall apply.
67Strata Titles

Duties and powers of the original proprietor before the
establishment of the management corporation

61. (1) During the period before the management corporation comes
into existence, it shall be the duty of the original proprietor--
(a) to control, manage, administer, and keep the common
property in good repair;

(b) to pay the rent of the lot;

(c) to insure the building to its replacement value against
fire and to keep it so insured;

(d) to effect such other insurance policies of the buildings
as may be required by law;

(e) subject to any order made by a court of competent
jurisdiction, to apply insurance moneys received by it in
respect of damage
to the building in rebuilding and
reinstating the building, so far as it may be lawful to do
so and to pay the premiums on any
policy of insurance
effected by it; and

(f) to perform any other function as may be necessary for
the discharge of its duties.

(2) The original proprietor may--

(a) purchase, hire or otherwise acquire movable property for
use by proprietors in connection with their enjoyment of
the common
property; and

(b) do all things reasonably necessary for the discharge of
its duties under this Part.

(3) The original proprietor shall be deemed for the purposes of
effecting any insurance policies under paragraph (1)(d) or (e) to
have an insurable interest in the building to its replacement value.
(4) A policy of insurance taken out by the original proprietor
in respect of the building shall not be liable to be brought into
contribution with any other policy of insurance except if it
is
another policy taken out in respect of the same building.
Laws of Malaysia ACT 31868

Restrictions imposed on original proprietor during period before
management corporation comes into existence

61A. (1) Notwithstanding any other provisions of this Act, the
original proprietor shall not, during the period before the management
corporation comes into existence--

(a) use the lot concerned or any part thereof as security for
any loan of moneys; or

(b) enter into any maintenance or service contracts for any
periods extending beyond the date when the management
corporation comes
into existence.

(2) If the original proprietor contravenes subsection (1), the
original proprietor shall be liable for any loss suffered by the
management corporation or any parcel proprietor as a result of the
contravention and the management corporation or any parcel
proprietor may recover from the original proprietor, as damages
for breach of a statutory duty, any loss suffered by it or him in
consequence of such contravention.

(3) Where any dealing in contravention of paragraph (1)(a) has
been registered, such registration shall not pass any title or interest
in the lot concerned or any part thereof, and the Registrar shall,
upon discovery of the registration, cancel the registration,
and no
person or body affected by such cancellation shall be entitled to
any compensation.

Applicability and modification of by-laws in Third Schedule
during the period before the establishment of the management
corporation

62. (1) The by-laws set out in the Third Schedule shall during the
period before the management corporation comes into existence,
have effect in relation to every subdivided low-cost building and
shall apply by substituting for the word "corporation" wherever
it
appears the words "original proprietor".

(2) The said by-laws shall bind the parcel proprietors and the
original proprietor to the same extent as if they constitute properly
executed agreements--

(a) on the part of the original proprietor with each proprietor;
and

69Strata Titles

(b) on the part of each proprietor with every other proprietor
and the original proprietor,

to observe and perform all the provisions thereof.
Management fund established by original proprietor

63. (1) The original proprietor shall establish and maintain a
management fund for the control, management and administration
of
the common property, payment of any rent, rates, premiums of
insurance and the discharge of any other obligations.
(2) For the
purposes of subsection (1) the original proprietor
may--

(a) determine from time to time, the amounts to be raised;
(b) raise amounts so determined by levying contributions on
the proprietors
in proportion to the share units of their
respective parcels; and

(c) by an action in any court of competent jurisdiction, recover
from any parcel proprietor any sum of money expended
for rents,
rates, premiums, maintenance or repairs done.
(3) Subject to subsection (5)--

(a) any contribution levied under subsection (2) shall be due
and payable if the original proprietor serves a written
notice on
the proprietor; and

(b) the contributions may be recovered from the parcel
proprietors who may be sued either jointly or severally
by the original
proprietor in any court of competent
jurisdiction.

(4) A certificate of the original proprietor shall be conclusive
evidence of the amount that may be due to him under
paragraph
(3)(a).

(5) The original proprietor shall on the application of any proprietor
of a parcel or any person authorized in writing by the proprietor
certify--

(a) the amount determined as the contribution of the proprietor;
(b) the manner in which that contribution is payable;
Laws of
Malaysia ACT 31870

(c) the extent to which his contribution has been paid by the
proprietor; and

(d) the amount of any rates paid by the original proprietor
and not recovered by him,

and such a certificate shall be conclusive evidence of the matters
certified therein.

Establishment of management corporation

64. (1) Upon completion of the transfer of strata title in respect
of all the parcels by the original proprietor, or upon the making
of an order under subsection 64A(2) by the Director, there shall
come into existence a management corporation consisting of all
the parcel proprietors and subsections 39(2), (3), (4) and (5) shall
apply.

(2) Upon the coming into existence of the management corporation
as provided in subsection (1), the Registrar shall--
(a) having
regard to subsections 15(3) and (3A), enter in the
index in Form 2 the name of the management corporation
and the address for service
of documents thereon;
(b) make on the register and issue documents of title to the
lot in question a memorial to the effect that
the common
property is vested in the management corporation; and
(c) return the issue document of title to the management
corporation.

(3) No entry shall thereafter be made on either of the documents
of title except one affecting the common property.
Application
for establishment of management corporation
64A. (1) The proprietors, other than the original proprietor, of
parcels having share
units totalling more than half of the total
share units of all the parcels may apply to the Director for an order
that a management
corporation be established.

(1A) Where the original proprietor has transferred parcels having
more than half of the total share units of all the parcels, he
may
71Strata Titles

also apply to the Director under subsection (1) for an order that
a management corporation be established.

(2) Upon receiving the application, the Director--
(a) in the case of an application by proprietors other than the
original proprietor,
if satisfied that the original proprietor
has failed to discharge his duties or exercise his powers
satisfactorily; or

(b) in the case of an application by the original proprietor,
if satisfied that good grounds exist in support thereof,
may order
that a management corporation be established.
(3) The Director shall cause copies of the order to be furnished
to any one of the
applicants and the Registrar.

(4) Upon receiving a copy of the order, the Registrar shall--
(a) file the copy of the order;

(b) enter a memorial in the index in Form 2 that the management
corporation is established pursuant to an order under this
section;
and

(c) take action as specified in paragraphs 64(2)(a), (b)
and (c).

(5) No entry shall thereafter be made on either of the documents
of title except one affecting the common property.
Duty of original
proprietor to convene first annual general
meeting

65. (1) It shall be the duty of the original proprietor to convene
the first annual general meeting of the management corporation
within one month from the establishment of the management
corporation.

(2) The original proprietor shall give a written notice of the
first annual general meeting to all parcel proprietors constituting
the management corporation not less than fourteen days before the
meeting.

Laws of Malaysia ACT 31872

(3) If the original proprietor fails to comply with subsection
(1), he shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding one thousand ringgit.

(4) Without prejudice to subsections (1) and (3), if the original
proprietor fails to convene the first annual general meeting within
the specified period, the Director may on application by the
management corporation, a parcel proprietor or chargee of a parcel,
appoint a person to convene the first annual general meeting within
such time as may be specified by the Director.

(5) The agenda for the first annual general meeting shall include
the following matters:

(a) to decide whether the management corporation shall manage
the subdivided building in accordance with Part VII or
apply to the
State Authority under section 67 to appoint
a person or body to be charged with the duties, powers
and functions of the original
proprietor as provided for
under this Part;

(b) in the event the management corporation decides to operate
under the provisions of Part VII, to decide--

(i) whether to confirm, vary or extend insurances
effected by the original proprietor;

(ii) whether to confirm or vary any amounts determined
as contributions to the management fund;

(iii) the number of members of the council, and to elect
the council where there are more than three parcel
proprietors; and

(iv) whether to amend, add to or repeal the by-laws in
force immediately before the holding of the meeting.
Management fund established
by management corporation

66. (1) The management corporation shall establish a management
fund sufficient in the opinion of the management corporation to
meet the administrative expenses as may be incurred for the purposes
of controlling, managing and administering the common property,
paying rent, rates and premiums of insurance and discharging any
other obligation of the management corporation.

73Strata Titles

(2) Upon the establishment of the management fund under
subsection (1), all moneys in the management fund established and
operated
by the original proprietor under section 63 shall be
transferred to and form part of the management fund established
under subsection
(1).

(3) Subsections 45(2), (3), (4), (5) and (6) shall apply.
Breaches of provisions of this Part

66A. (1) If the original proprietor or the management corporation
commits a breach of any of the provisions of this Part or makes
default in complying with any requirements of, or duties imposed
on it by, any of the provisions of this Part, the original proprietor
or, as the case may be, the management corporation and every
member of its council, and any other parcel proprietor, who knowingly
is a party to the breach or default shall be guilty of an offence and
shall be liable, on conviction, to a penalty expressly prescribed
for
such breach or default, or if no penalty is so prescribed, to a fine
not exceeding two thousand ringgit.

(2) Where a requirement or duty is imposed on the original
proprietor or the management corporation by this Part, any person
for
whose benefit or for the benefit of whose parcel that requirement
or duty is imposed on the original proprietor or the management
corporation may apply to a court of competent jurisdiction for an
order compelling the original proprietor or, as the case may
be,
the management corporation to carry out that requirement or perform
that duty, as the case may be, and on such an application
being
made, the court may make such order as it thinks proper.
Duties and powers of person or body appointed by State Authority

67. (1) The State Authority may, upon application by the
management corporation, appoint a person or body to exercise the
powers,
duties and functions of the management corporation and
the said person or body so appointed shall exercise the powers,
duties and
functions of the original proprietor provided for under
this Part.

(2) For the purposes of subsection (1), subsections 50(2) and
(3) shall apply.

Laws of Malaysia ACT 31874

PART IXA

STRATA TITLES BOARD

Strata Titles Board

67A. (1) There shall be a Strata Titles Board which shall consist
of a President and such number of Deputy Presidents and other
members as are appointed in accordance with this section.
(2) The President, Deputy Presidents and members of the Board
shall
be appointed by the State Authority.

(3) No person shall be appointed as the President or a Deputy
President of the Board unless he is a qualified person within the
meaning of the Legal Profession Act 1976 [Act 166].
(4) Not more than twenty persons shall be appointed by the
State Authority
to be members of the Board in addition to the
President and Deputy Presidents of the Board.

(5) The names of the President, Deputy Presidents and members
appointed under this section shall be notified in the State Gazette.
(6) Except where otherwise provided by this Act, the Board
shall, for the purpose of hearing and determining a dispute of
which
the Board has cognizance or any other matter with respect
to which the Board has jurisdiction under this Act, be constituted
by
a division of the Board consisting of--

(a) the President or a Deputy President of the Board as
chairman; and

(b) two other persons to be selected by the chairman from
amongst the members of the Board appointed under

subsection (4).

Tenure of office

67B. (1) A member of the Board shall be appointed for a term of
two years but shall be eligible for reappointment.
(2) A member
of the Board may resign by letter addressed to
the Director.

75Strata Titles

(3) The State Authority may at any time revoke the appointment
of any member of the Board and fill any vacancy in its membership.
Continuation of hearing

67C. (1) If after the Board has been constituted in relation to a
dispute or matter but before the dispute or matter has been determined
a member of the Board is unable to hear or continue to hear or
to determine the dispute or matter or ceases to be a member of the
Board, as the case may be, whether by death or otherwise, the
Board shall be reconstituted in accordance with subsection 67A (6)
and the Board as reconstituted shall hear and determine the dispute
or matter or so much of the dispute or matter which has not
been
determined, and in so hearing may have regard to the evidence
given, the arguments adduced and any interim order made during
the previous hearing.

(2) Notwithstanding subsection (1) and section 67B, a member
of the Board who resigns or whose appointment expires during the
course
of any proceedings of the Board shall for the purpose of
such proceedings and until their determination be deemed to remain
a member
of the Board and shall continue to hear and determine
the dispute or matter which is the subject matter of the proceedings.
Bar
to actions

67D. No action shall lie against any member of the Board in
respect of anything done or omitted to be done by him in good
faith
in the execution or purported execution of his functions,
powers and duties under this Part.

Allowances

67E. (1) A member of the Board may be paid such allowances as
may be prescribed under this Act in respect of each day on which
he is engaged in the hearing and determining of a dispute or
matter.

(2) In addition to the allowance provided for in subsection (1),
the President and the Deputy Presidents of the Board may be paid
such allowances as may be prescribed under this Act.
Laws of Malaysia ACT 31876

Board to carry out its work expeditiously

67F. (1) The Board shall carry out its work expeditiously and
shall make a finding or determination within 6 months from the
date
it is constituted.

(2) The period specified in subsection (1) may be extended by
the President or a Deputy President of the Board where the dispute
or matter involves complex issues.

Proceedings of Board

67G. (1) The proceedings of the Board shall be open to the public
and minutes of the Board including a note of any oral evidence
given before the Board shall be kept by the President of the Board.
(2) The members of the Board shall be deemed to be public
servants within the meaning of the Penal Code [Act 574].
Order revoking amendment of by-law

67H. (1) Where, pursuant to an application by any person entitled
to vote at a meeting of the management corporation (including
a
first chargee and chargor of a parcel), the Board considers that,
having regard to the interest of all parcel proprietors in
the use and
enjoyment of their parcels or the common property, an amendment
or revocation of an additional by-law or addition of
a new additional
by-law should not have been made or effected, the Board may
order that the amendment be revoked, that the revoked
additional
by-law be revived or that the new additional by-law be revoked.
(2) When making an order under subsection (1) in respect
of
an additional by-law referred to in subsection 44(2) the Board may
direct the management corporation to pay compensation to
the
proprietor of the parcel adversely affected by the additional
by-law.

(3) The compensation ordered to be paid under subsection (2)
is recoverable by the parcel proprietor as a debt in any court of
competent jurisdiction.

Order invalidating purported by-law

67I. Where, pursuant to an application by any person entitled to
vote at a meeting of a management corporation (including a first
77Strata Titles

chargee and a chargor of a parcel), the Board finds that the
management corporation has made an additional by-law but that
the
management corporation did not have the power to make the
additional by-law the Board may make an order declaring the
additional
by-law to be invalid.

Power of Board to invalidate proceedings

67J. (1) Where, pursuant to an application by a parcel proprietor
or first chargee of a parcel, the Board considers that the provisions
of this Act have not been complied with in relation to a meeting
of the management corporation, the Board may by order--
(a) invalidate
any resolution of, or election held by, the persons
present at the meeting; or

(b) refuse to invalidate any such resolution or election.
(2) The Board shall not make an order under subsection (1)
refusing to
invalidate a resolution or election unless it considers--
(a) that the failure to comply with the provisions of this Act
did not
prejudicially affect any person; and

(b) that compliance with the provisions of this Act would not
have resulted in a failure to pass the resolution, or have
affected
the result of the election, as the case may be.
Order varying certain rates of interest

67K. Where, pursuant to an application by a parcel proprietor for
an order under this section, the Board considers that the management
corporation for the subdivided building to which the application
relates has determined an unreasonable rate as the rate of interest
payable for the late payment of a contribution levied under section
45, the Board may order that no interest be so payable or that
the
interest so payable be at a rate specified by the Board instead of
the rate so determined.

Order where voting rights denied or due notice of item of
business not given

67L. (1) Where, pursuant to an application by a person under this
section, the Board is satisfied that a particular resolution would
Laws of Malaysia ACT 31878

not have been passed at a general meeting of a management
corporation but for the fact that the applicant--
(a) was improperly
denied a vote on the motion for the
resolution; or

(b) was not given due notice of the item of business pursuant
to which the resolution was passed.

the Board may order that the resolution be treated as a nullity on
and from the date of the order.

(2) Where--

(a) an order under subsection (1) is made in respect of a
resolution making an additional by-law amending, adding
to or revoking
another additional by-law; and

(b) the additional by-law made pursuant to that resolution is
in force,

the additional by-law shall, subject to its having been or being
amended, added to or revoked under subsection 44(2) have force
and effect on and from the date the order is so made to the same
extent as it would have had if the resolution had not been passed.
(3) An application for an order under subsection (1) may not
be made after 21 days after the date of the meeting at which the
resolution was passed.

Order varying amount of insurance to be provided

67M. Where, pursuant to an application made by a parcel proprietor
or the chargee of a parcel, the Board considers that the amount
for
which the management corporation for the subdivided building
concerned has insured the subdivided building under subsection
43(1) is not reasonable, the Board may order the management
corporation to vary that amount to a specified amount.
Board may settle
disputes on costs of repairs, etc.
67N. The Board may, pursuant to an application by a management
corporation, a parcel proprietor
or a chargee in possession of a
parcel, make an order for the settlement of a dispute, or the
rectification of a complaint with
respect to any defects in a parcel,
79Strata Titles

a subdivided building and its common property or the liability of
a parcel proprietor to bear the costs of or any part thereof for
any
work carried out by a management corporation in the exercise or
performance of its powers, duties or functions conferred or
imposed
by this Act and the by-laws in connection with the subdivided
building.

Order to make or pursue insurance claim

67O. Where, pursuant to an application by a parcel proprietor,
the Board considers that the management corporation for the
subdivided
building to which the application relates has unreasonably
refused to make or pursue an insurance claim in respect of damage
to
the building or any other property insured by the management
corporation under this Act, the Board may order the management
corporation
to make or pursue the claim.

Order to supply information or documents

67P. Where, pursuant to an application by a parcel proprietor, the
Board considers that the management corporation for the subdivided
building or any member of its council to which the application
relates, or managing agent for the subdivided building, has wrongfully
withheld from the applicant information to which he is entitled
under this Act, the Board may order that management corporation,
managing agent, or any member of the council to supply or make
available the information to the applicant.

Order with respect to certain consents affecting common property
67Q. Where, pursuant to an application by a parcel proprietor,
the Board considers that the management corporation for the
subdivided building to which the application relates has unreasonably
refused to consent to a proposal by that parcel proprietor to effect
alterations to the common property, the Board may order that
management corporation to consent to the proposal.
General provisions relating to orders under this Part
67R. (1) An order made
by the Board may include such ancillary
or consequential provisions as the Board thinks fit including costs
to be paid by the applicant,
a management corporation or any
Laws of Malaysia ACT 31880

person against whom the order is made or costs to be paid by a
party for making a frivolous application to the Board.
(2) For the
purpose of securing compliance with an order under
this Part, the Board may order a management corporation or any
member of its
council, a managing agent or any other person
having registered interest in a parcel or an occupier to do or refrain
from doing
a specified act with respect to a subdivided building
and the common property.

Representation before the Board

67S. (1) An applicant for an order under this Part may appear
before the Board or may be represented by counsel who may
examine
witnesses and address the Board on behalf of the applicant.
(2) A management corporation appearing before the Board may
be represented
by counsel or a member of the council of the
management corporation.

Witness may be summoned before Board

67T. (1) The Board may summon any person to attend before the
Board at the time and place specified in the summons to give
evidence
and to produce books, documents or writings in his custody
or control which he is required by the summons to produce.
(2) A person
served with a summons under subsection (1) who,
without reasonable excuse, disobeys the summons shall be guilty
of an offence and
shall be liable on conviction to a fine not
exceeding five thousand ringgit or to imprisonment for a term not
exceeding six months
or to both.

(3) A person shall not be bound to produce any books, documents
or writings not specified or otherwise sufficiently described in
the
summons or which he would not be bound to produce upon a
subpoena for production in a court.

Board may administer oath or affirmation

67U. (1) The Board may administer an oath or affirmation to a
person appearing as a witness before the Board, whether or not he
81Strata Titles

has appeared in answer to a summons, and may examine the
witness upon oath or affirmation.

(2) A person appearing as a witness before a Board--
(a) shall not refuse to be sworn or to make an affirmation;
(b) shall not
refuse to answer any question relevant to any
proceedings before the Board which are to put him by the
Board or by any person entitled
to appear before the
Board in those proceedings; and

(c) shall not knowingly give false testimony in any evidence
given by him to the Board.

(3) A witness before a Board shall have--

(a) the same protection; and

(b) in addition to the penalties provided by this Act, the
same liabilities,

as he would have had if he had been a witness before a court.
Penalty for contravention of certain orders

67V. (1) A person who contravenes an order made by the Board
to do or refrain from doing a specified act shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding
ten thousand ringgit or to imprisonment for a term not exceeding
two years or to both.

(2) A document purporting to be a copy of an order made by
the Board shall be admissible in evidence and shall, until the
contrary
is proved, be deemed to be an order made by the Board.
Time when order takes effect

67W. Except where provision is otherwise made by this Act or
to the extent that the Board specifies in an order, an order of the
Board shall take effect when a copy of the order, certified by the
Board to be a true copy, is served--

(a) except as provided in paragraph (b), on the management
corporation for the subdivided building to which the order
relates;
or

Laws of Malaysia ACT 31882

(b) where the order requires a person to do or refrain from
doing a specified act, on that person.

Appeal to High Court on point of law

67X. (1) No appeal shall lie to the High Court against an order
made by the Board under this Part except on a point of law.
(2)
Where an appeal is made to the High Court, the Court may
confirm, vary or set aside the order or remit the order to the Board
for
reconsideration together with such directions as the Court
thinks fit.

(3) The filing of a notice of appeal shall not operate as a stay
of execution of an order or suspend the effect of an order unless
the Board or the High Court, as the case may be, otherwise orders
and any stay or suspension of an order may be subject to such
conditions as the Board or High Court thinks fit.
PART X

MISCELLANEOUS

68. (Deleted by Act A753).
No dealing in accessory parcel independent of a parcel

69. No accessory parcel or any share or interests therein shall be
dealt with independently of the parcel to which such accessory
parcel has been made appurtenant as shown on the approved strata
plan.

No dealing in provisional block

70. (1) No provisional block or any share or interests therein
shall be dealt with.

(2) Where any dealing of a provisional block has been registered,
such registration shall not pass any title or interest in the
said
provisional block, and the Registrar shall, upon discovery of the
registration, cancel the registration and no person or body
affected
by such cancellation shall be entitled to any compensation.
83Strata Titles

71. (Deleted by Act A753).

72. (Deleted by Act A753).
Other rights and remedies not affected by this Act

73. Nothing in this Act shall affect any other rights or remedies
which a proprietor or chargee of a parcel or a management corporation
may have, in relation to any parcel or the common property, conferred
by any other written law.

Jurisdiction of the Magistrate's Court

74. Any offence under this Act may be tried by a Magistrate's
Court and such Magistrate's Court shall, notwithstanding the
provisions
of the Subordinate Courts Act 1948 [Act 92] or any
other written law, have power to impose the maximum penalty
provided for by
this Act.

Legal proceedings

75. (1) Every application to the court under this Act shall be by
summons in Chambers.

(2) Where there is provision for a sum to be recoverable by any
person or any authority from any other person or authority the sum
shall be recoverable by an action for debt in any court of competent
jurisdiction.

Management corporation as representative of proprietors in
legal proceedings

76. (1) Where proprietors are jointly entitled to take legal
proceedings against any persons or are liable to have legal proceedings
taken against them jointly, where such legal proceedings are
proceedings for or with respect to common property, the legal
proceedings
may be taken by or against the management corporation,
and any judgments or orders given or made in favour of or against
the management
corporation in any such legal proceedings shall
have effect as if they were judgments or orders given or made in
favour of or against
the proprietors.

Laws of Malaysia ACT 31884

(2) Where a proprietor is liable to make a contribution to another
proprietor in respect of a judgment debt arising under a judgment
referred to in subsection (1), the amount of that contribution shall
bear the same proportion to the judgment debt as the share
units
of the parcel or the provisional share units of the provisional block
of the first-mentioned proprietor bear to the aggregate
share units.
Power of management corporation to take proceedings as agent
for proprietors in case of defects to parcels

77. Where--
(a) the condition of any parcel in a lot affects or is likely to
affect the support or shelter provided by that parcel
for
another parcel in the same building or the common property;
and

(b) the proprietor of the parcel in that condition has neglected
or refused within a reasonable time to take such action
as is
necessary, or for the purpose of exercising any other
right or enforcing any other remedy available to him to
have that condition
rectified,

the management corporation or the original proprietor under Part
IX, as the case may be, may, as agent for the proprietor of the
parcel in that condition but at its own expense, take any of the
proceedings referred to in paragraph (b).

Costs in proceedings by proprietors against management
corporation

78. (1) In any proceedings brought by one or more proprietors
against the management corporation, a court of competent jurisdiction
may order that any moneys (including costs) payable by the
management corporation pursuant to an order of the court made
in those
proceedings shall be paid, only in respect of such parcels
as are specified in the order and in such proportions as may be so
specified,
by the management corporation out of contributions
levied for the purpose.

(2) Where the court makes an order under subsection (1), the
management corporation shall, for the purposes of paying the
moneys
ordered to be paid by it, levy contributions in accordance
with the terms of the order, and pay the moneys out of the
contributions
paid pursuant to that levy.

85Strata Titles

Limitation Act 1953 not to extend to common property

79. No action shall be brought by any person claiming title by
adverse possession to the common property of a lot or to any
accessory
parcel or any part thereof created under this Act, and
the provisions of the Limitation Act 1953 [Act 254] relating to
adverse
possession shall not extend to such common property and
accessory parcel.

Power of entry by public or local authority

80. A public or local authority which is authorized by any written
law to enter upon part of a lot for the purposes of exercising
any
power conferred on it, may enter upon any other part of that lot
if it is necessary to do so in order to exercise that power.
Prosecution

80A. No prosecution shall be instituted for an offence under this
Act or any rules made under this Act without the consent in
writing
of the Public Prosecutor.

Power of State Authority to make rules

81. (1) The State Authority may by notification in the Gazette,
make rules not inconsistent with this Act for giving effect to the
provisions of this Act, and in particular but without limiting the
generality of the foregoing power in respect of all or any of
the
following matters:

(a) the fees to be paid for any procedures or functions required
or permitted to be done under this Act and the remission
of such
fees;

(aa) the fees to be paid in respect of applications made to the
Board under this Act and the remission of any such fees;
(ab) the
practice and procedure of the Board;

(b) the convening of the first annual general meeting of a
management corporation;

(c) the composition, nomination and election of members of
the council of a management corporation of a subdivided
building;

Laws of Malaysia ACT 31886

(d) the types of buildings to be classified as low-cost buildings;
and

(e) any matter which by this Act is required or permitted to
be prescribed or is necessary or convenient to be prescribed
for carrying
out or giving effect to any provisions of this
Act.

(2) Rules made under subsection (1) may provide for matters
which differ in their application according to such factors as are
specified in the rules.

(3) Rules made under subsection (1) may prescribe a penalty
for any breach or contravention thereof of a fine not exceeding one
thousand ringgit.

Transitional provisions

82. (1) The State Authority may, for the purposes of applying the
provisions of this Act to subdivided buildings, subsidiary titles,
parcels, common property, management corporations and councils
which were in existence prior to the commencement of this Act,
with or without modifications, additions or exclusions to or in
respect of any such subdivided buildings, subsidiary titles, parcels,
common property, management corporations or councils and for
purposes incidental thereto, make rules providing for such
modifications,
additions or exclusions and such transitional,
consequential or saving provisions as the State Authority may
deem to be necessary
or expedient.

(2) Until rules are made under subsection (1), nothing contained
in this Act shall apply to any subdivision of a building effected,
or to any subsidiary title issued, or to any parcel, common property,
management corporation or council in existence, prior to
the
commencement of this Act, and the provisions of the National
Land Code shall continue to apply thereto in the same manner as
before the commencement of this Act.

(3) Nothing contained in the Fourth Schedule shall affect the
provisions of the National Land Code in their application to any
subdivision of a building effected, or to any subsidiary title issued,
or to any parcel, common property, management corporation
or
council in existence, prior to the commencement of this Act.
87Strata Titles

Repeal and amendment of provisions of the National Land
Code

83. (1) The provisions of the National Land Code as shown in
Part I of the Fourth Schedule are repealed.

(2) The provisions of the National Land Code as shown in the
first column of Part II of the Fourth Schedule are amended in the
manner set out in the second column thereof.

Amendment of Forms

84. The Minister may, with the approval of the National Land
Council, by order notified in the Gazette of the Federation, amend
or substitute any of the Forms in the First Schedule.
Transitional provision with respect to rules, orders, etc.

85. Any rule, order, regulation, direction, notice or notification
made, given or issued before the commencement of this Act under
the provisions of the National Land Code repealed by subsection
83(1) shall, if it could have been made, given or issued under
any
corresponding provisions of this Act, continue in force, and have
the like effect, as if it had been so made, given or, as
the case may
be, issued.

Laws of Malaysia ACT 31888

FIRST SCHEDULE

FORMS

STRATA TITLES ACT 1985

FORM 1

[Section 10]

APPLICATION FOR SUBDIVISION OF BUILDING

To the Land Administrator ...............................
District of..........................................................
I, ....................................................................................................................of
...........................................................................................................proprietor
of the following land--

*Town/Village/Mukim ................................. Lot No. .............................
Description and No. of title .............................
Area .............................
hereby apply for approval of the subdivision of the building/s erected thereon,
*together with
the issue of a provisional strata title for the provisional block/s,
as shown in the location plan attached.

2. The intended subdivision is to be into ............................................ Parcels,
* ...........................Accessory
parcels and ....................... provisional block/s,
as specified in the appended schedule, according to the boundaries which,
in
relation to each storey, are shown in the ........................... *storey plan/s attached.
2A. The building/s erected thereon,
including any provisional block, are used
for the following purposes:

3. As required by section 10* and section 10A of the Strata Titles Act 1985,
I now submit--

(a) the prescribed fee of RM................................................................;
(b) three copies of the *building
plans approved by the planning authority/
plans required under paragraph 10(6A)(a) for each building to be
subdivided *and for
each building to which a provisional block
relates;

(c) the location plan conforming to subsection 10(2) *and paragraph
10A(2)(b) and duly certified by a land surveyor;

(e) two additional copies of the location plan and of each of the storey
plans;

(ea) three copies of the certified plan of the land required under paragraph
10(1)(cb);

(f) the certificates of a land surveyor, a registered architect or registered
professional engineer, as required by paragraph 10(1)(c);
*(g) the permit/s under section 75A of the National Land Code, as required
by paragraph 10(1)(ca);

*(h) the certificate of a registered architect, as required by paragraph
10(6A)(a);

#(i) a letter of consent from each of the following persons whose consent
in writing is required for the particular reasons specified
in each
such letter:

(1) .............................................................................................
(2) .............................................................................................
(2) ............................................................................................;
(j) the issue document of title
to the lot.

*4. I undertake that the construction of each building to which a provisional
block relates will be completed by the following dates:
Provisional Block Date

P1

P2

etc., etc.

Dated this .............................. day of ............................................., 20 ............
.................................................
Signature of Proprietor of Lot

For Official Use Only

A. To Director of Lands and Mines.

(1) Issue document of title enclosed.

(2) Rent for current year paid.

Land Administrator: .........................

B. To Director of Survey.

Application approved.

Director of Lands and Mines: ...................

(To be appended in as many sheets as are necessary)
Laws of Malaysia ACT 31890

SCHEDULE OF PARCELS AND PROVISIONAL BLOCKS (IF ANY)
Building/Provisional List of storeys in each List of parcels Share units of
Block building in each each parcel/

Accessory Parcel ++Location of Accessory Parcel to which Accessory
Parcel Parcel is Appurtenant

* Delete as appropriate.

For purposes of identifying an accessory parcel, prefix the letter A to the number of the
accessory parcel.

++ If the accessory parcel is located within a building, indicate the location by reference to the
building No. and the storey No.

# EXPLANATORY NOTE:

The consent in writing is required of every person or body entitled to the
benefit of--

(i) a lease of the whole or any part of the land other than a part
corresponding precisely to, or included wholly within, one of
the
intended parcels;

(ii) a charge of the land, or of a lease as specified in (i);
(iii) a lien over the land, or over a lease as specified in (i).
STRATA TITLES ACT 1985

FORM 2

[Section 15]

State of .....................................................
STRATA REGISTER INDEX

BOOK FOR TITLE No. ..................

*Town/Village/Mukim ............................................. Lot No ..........................
District ......................................................................
Area ............................
Correspondence No .........................................................................................
Name of management corporation....................................................................
...........................................................................................................................
Laws of Malaysia ACT 31892

Address for service of documents.....................................................................
..........................................................................................................................
SUMMARY OF CONTENTS

Building/ Purpose No. of Parcels Share Units/

Provisional Provisional

Block Share Units

BUILDING/S:

M1

M2

etc., etc.

PROVISIONAL

BLOCK/S:

P1

P2

etc., etc.

Total:

Total number of folios in certified strata plan ......................
93Strata Titles

DETAILED INDEX

Page No. of Building/ List of storeys List of Share units Remarks
Title of Provisional in each parcels in of each

Accessory Parcel ++Location of Accessory Parcel to which Accessory
Parcel Parcel is Appurtenant

* Delete as appropriate.

For purposes of identifying an accessory parcel, prefix the letter A to the number of the
accessory parcel.

++ If the accessory parcel is located within a building, indicate the location by reference to the
building No. and the storey No.

STRATA TITLES ACT 1985

FORM 3

[Section 15]

STRATA REGISTER STATEMENT

BOOK FOR THE TITLE NO...............

The appended schedule contains all those memorials, endorsements and other
entries, appearing this day in the register document
of the above title, which
relate to matters capable of affecting any of the parcels *or any of the provisional
blocks from this
day held by strata title *or provisional strata title which is
subsidiary thereto, not being matters capable of affecting one only
of the
parcels, *or one only of the provisional blocks.

Dated this ............ day of .................... 20........
...................................

Parcel No. ...................... within Storey No. ............................ of Building No.
.........................................
*and accessory parcel/s .........................................
..........................................................................................................................
as shown for purposes of identification in the appropriate storey plan herewith.
The above parcel *and accessory parcel/s on the
land scheduled below is/
are held for the full term of the title also so scheduled by the proprietor for
the time being named in
the record of proprietorship herein, subject to the
provisions of the Strata Titles Act 1985, to the provisions of the by-laws made
thereunder and more particularly to the memorials, endorsements and other
entries specified below.

By virtue of this title, the said proprietor also enjoys voting rights in the
management corporation proportionate to the share
units of this parcel as specified
in the schedule, in relation to the total share units of all subdivided buildings
on the land.

Dated this .............. day of ......................... 20.......
..........................................

Registrar

L.S.

SCHEDULE

District ..............................................................................................................
*Town/Village/Mukim
................................... Lot No .................................
Title: *Grant in perpetuity/Lease for the term of ...............................
years
terminating on ................................. No...........................................
Share units of the parcel
...............................................................................................
Total share units of all subdivided
buildings on the land ........................................
Laws of Malaysia ACT 31896

MEMORIALS, ENDORSEMENTS AND OTHER ENTRIES

PART I -- The matters specified in Statement: Delete if not
Form 3 applicable.

PART II -- The following matters affecting this If none, insert
parcel only-- "Nil".

Heading to be printed on all subsequent leaves of this Form
RECORD OF PROPRIETORSHIP, OF DEALINGS AND

Provisional Block No. .............................................. as shown for purposes of
identification in the strata plan
attached herewith.
The above provisional block on the land scheduled below is held for the full
term of the title also so scheduled
by the proprietor for the time being named
in the record of proprietorship herein, subject to the provisions of the Strata
Titles
Act 1985, to the provisions of the by-laws made thereunder and more
particularly to the memorials, endorsements and other entries
specified below.
*Delete as appropriate.

97Strata Titles

By virtue of this title, the said proprietor also enjoys voting rights in the
management corporation proportionate to the provisional
share units of the
provisional blocks as specified in the schedule, in relation to the total share
units of all subdivided buildings
on the land.

Dealings in respect of this provisional strata title or any share or interest
therein are prohibited.

Dated this .............. day of ........................ 20 ............
L.S.

..........................................

Registrar

SCHEDULE

District .............................................................................................................
*Town/Village/Mukim
................................... Lot No. ......................................
Title: *Grant in perpetuity/Lease for the term
of
................................ years terminating on
................................ No. ...........................
Provisional
share units of the provisional block ......................................................
Total share units of all subdivided
buildings on the land .........................................
MEMORIALS, ENDORSEMENTS AND OTHER ENTRIES

PART I -- The matters specified in Statement: Delete if not
Form 3 applicable.

PART II -- The following matters affecting this If none, insert
provisional block only-- "Nil".

Heading to be printed on all subsequent leaves of this Form
RECORD OF PROPRIETORSHIP

*Delete as appropriate.

Laws of Malaysia ACT 31898

STRATA TITLES ACT 1985

FORM 5

[Section 20]

APPLICATION FOR THE ISSUE OF SEPARATE STRATA

TITLES UPON COMPLETION OF BUILDING IN RESPECT

OF A PROVISIONAL STRATA TITLE

To the Land Administrator, District of ............................................................
I, ............................................................................................................
of
......................................................................................................................
proprietor
of provisional strata title ....................... on the land scheduled below,
hereby apply for the issue of separate strata titles
to the ............. parcels in the
completed building.

2. As required by section 20 of the Strata Titles Act 1985, I now submit--
(a) the prescribed fee of RM.............................................;
(b) a certificate of an architect or a professional engineer that the provisional
block has been completed in accordance with the
approved building
plan and any approved amendments thereto;

(c) a copy of the approved building plan and any approved amendments
thereto;

(d) a certificate issued by a public or local authority that the building is
fit for occupation or use;

(e) certificates by a land surveyor as required by paragraphs 20(2)(ca) and
(cb) of the Strata Titles Act 1985;

*(f) the permit/s under section 75A of the National Land Code, as required
by paragraph 20(2)(ca);

(g) the ............. storey *plan/s of the completed building duly certified by
a land surveyor, together with two additional copies
thereof;
(h) a statement showing the share units of the new parcels;
(i) the issue document of provisional strata title.
Dated
this ............. day of ...................... 20.........
.................................................
Signature of Proprietor

99Strata Titles

SCHEDULE

District .............................................................................................................
*Town/Village/Mukim
..................................... Lot No ..........................................
Description and No. of Title .............................................................................
For Official Use Only

A. To Director of Lands and Mines.

Issue document of provisional strata title enclosed.
Land Administrator..............................

B. To Director of Survey.

Application approved.

Director of Lands and Mines.....................

*Delete as appropriate.

STRATA TITLES ACT 1985

FORM 6

[Section 28]

APPLICATION FOR DIVISION OF PARCEL

To the Land Administrator, District of ..........................................................
I ...................................................................................................................
of..........................................................................................................................
proprietor
of parcel ........................................................................................
(Here insert description and
No. of title)

.........................................................................................................................................................
in the subdivided building standing on the land scheduled below, hereby apply
for the division of the said parcel into ..................................
new parcels as
indicated in the attached plan of intended division.

2. As required by section 28 of the Strata Titles Act 1985, I now submit--
(a) the prescribed fee of RM ................;

(b) the plan of intended division of the parcel specified above, duly certified
by a land surveyor, together with ..................
copies thereof;
(c) a statement of the number of share units of the new parcels;
Laws of Malaysia ACT 318100

||(d) a letter of consent from each of the following persons whose consent
in writing is required for the particular reason specified
in each such
letter:

(1) ..................................................................
(2) ..................................................................
(3) ..................................................................
(e) a letter of consent from the management corporation
to the making of
this application.

3. I hereby declare that as shown in the attached plan, there is a satisfactory
means of access to each new parcel, not passing through
another parcel.
Dated this ............. day of ......................... 20...........
.................................................
Signature of Proprietor

SCHEDULE

District .............................................................................................................
*Town/Village/Mukim
................................... Lot No ......................................
Description and No. of title of land ...........................................................................
For Official Use Only

A. To Director of Lands and Mines.

Issue document of provisional strata title enclosed.
Land Administrator................................
B. To Director of Survey.

Application approved.

Director of Lands and Mines........................
|| EXPLANATORY NOTE--The consent in writing is required of every person or
body entitled to the benefit of--

(i) a lease of the whole or any part of the land other than a part
corresponding precisely to or included wholly within, one of
the
intended parcels;

(ii) a charge of the land, or of a lease as specified in (i);
(iii) a lien over the land, or over a lease as specified in (i).
*Delete as appropriate

101Strata Titles

STRATA TITLES ACT 1985

FORM 7

[Section 28]

APPLICATION FOR AMALGAMATION OF PARCELS

To the Land Administrator, District of ...........................................................
I .................................................................................................................
of........................................................................................................................
proprietor
of parcels .......................................................................................
(Here insert the description
and No. of titles of parcels)
........................................................................................................................
in the subdivided building on the land scheduled below, hereby apply for
approval of their amalgamation into a single parcel as
indicated in the attached
plan of intended amalgamation.

2. As required by section 28 of the Strata Titles Act 1985, I now submit--
(a) the prescribed fee of RM...............;

(b) the plan of intended amalgamation of the parcels specified above, duly
certified by a land surveyor, together with ..................................................
copies thereof;

(c) a statement of the number of share units of the new parcel;
||(d) a letter of consent from each of the following persons whose
consent
in writing is required for the particular reason specified in each such
letter:

(1) ..............................................................................
(2) ..............................................................................
(3) ..............................................................................
(e) a letter of consent from the management
corporation to the making of
this application.

3. I hereby declare that as shown in the attached plan, there is adequate
internal means of communication within the new parcel,
not passing through
common property.

Dated this ................ day of .................... 20 ............
.................................................
Signature
of proprietor

SCHEDULE

District .............................................................................................................
*Town/Village/Mukim
................................... Lot No ..........................................
Description and No. of title of land ...........................................................................
Laws of Malaysia ACT 318102

For Official Use Only

A. To Director.

Issue document of provisional strata title enclosed.
Land Administrator................................
B. To Director of Survey.

Amalgamation of parcels as above approved.

Director ..................................................
|| EXPLANATORY NOTE-- The consent in writing is required of every person
or body entitled to the benefit of--

(i) a lease of the whole or any part of the land;
(ii) a charge of the land, or of a lease as specified in (i);
(iii) a lien over
the land, or over a lease as specified in (i).
STRATA TITLES ACT 1985

FORM 7A

[Subsection 53A(1)]

WARRANT OF ATTACHMENT

To ....................................................................................................................
of ....................................................................................................................
Whereas ..................................................................................................... is
the proprietor
of *parcel No. ................................................................ in the
building No ............................/of
provisional block No. ..................................
on .....................................................................................................................
(Description of land)

...........................................................................................................................
registered
in the name of the management corporation by the name of...................
..........................................................................................................................
*Delete as appropriate.

103Strata Titles

And whereas by a written notice under subsection 53(1) of the Strata Titles
Act 1985 served on him on the ................. day
of ............................. 20............
the said........................... was requested to pay to the management corporation
by the ........................... day of ...................................................... 20.............
the sum of .............................................
the particulars of which are given
below:

And whereas by a written notice under subsection 53(2) of the Strata Titles
Act 1985 served on him on the ................... day
of ...................... 20......... the
said .................................. was asked to pay to the management corporation
by the .......................... day of .................................. 20............... the said
sum/the sum of ..........................
being the balance outstanding from the said
sum:

And whereas further the said sum/the sum of ..........................................
still remains unpaid:

This is to authorize you under subsection 53A(1) of the Strata Titles Act 1985
to attach any movable property belonging to the said
.....................................
..................................................................................................,
sufficient to realize
the sum due as aforesaid and by way of costs, which may be found in the said
building or elsewhere in the
State, and to hold the property or deal with it
subject to and in accordance with the provisions of the said section 53A.
This
warrant must be returned to me on or before the ................... day of
........................... 20............. with an endorsement
certifying the date when and
the manner in which it was executed or the reason for not executing it.
Dated this ..............
day of ............................ 20..............
..............................................

Land Administrator

L.S.

District .............................................
PARTICULARS OF SUM DUE

Laws of Malaysia ACT 318104

STRATA TITLES ACT 1985

FORM 7B

[Subsection 53A(3)]

NOTICE AND INVENTORY

To ......................................................................................................................
of ......................................................................................................................
Take notice that I have this day attached the property specified in the inventory
below for the sum of ......................................................,
details of which are
given below, which is owed to the management corporation by the name of
........................................
by ..................................................... the proprietor
of *parcel No. ................. in building No. .................../of
provisional block No
................................................................ on ...............................................
......................................................................................................................
(Description
of land)

registered in the name of the said management corporation.
Take notice further that unless the amount due is paid within fourteen
days
from the date of this notice, the property will be sold.
Dated this ................ day of ........................... 20...............
.....................................................
INVENTORY

Number of Description of Property

Articles

PARTICULARS OF SUM DUE

105Strata Titles

STRATA TITLES ACT 1985

FORM 8

[Section 57]

NOTIFICATION OF INTENDED TERMINATION OF SUBDIVISION OF
SUBDIVIDED BUILDING

To the Registrar, State of .........................................................................................
Take notice
that ...............................................................................................
.....................................................................................................................
being the management corporation of a subdivided building standing on the
following land:

*Town/Village/Mukim .......................... Lot No ................................
Description and No. of Title .......................
Area ..................................
has been directed by unanimous resolution to take action to terminate the
subdivision.

2. As required by subsection 57(1) of the Strata Titles Act 1985, this notification
is accompanied by the issue documents of title
of the above-mentioned land and
the parcels comprised in the subdivided building*/and of provisional blocks.
The Common Seal of
the management corporation was affixed hereto on the
................ day of ........................... 20........, in the presence
of--
L.S.

.............................................

Members of Council

*Delete as appropriate.

SECOND SCHEDULE

PROVISIONS FOR MANAGEMENT CORPORATION

[Section 39]

Interpretation

1. In the application of this Schedule to any management corporation, the
words--

"corporation" means the management corporation in question; and
"general meeting" means a general meeting of the corporation.
Laws
of Malaysia ACT 318106

Constitution of council

2. (1) Subject to the provisions of this paragraph and to any rules made
under the Act, the council shall consist of not less than
three and not more than
fourteen proprietors, who shall be elected at each annual general meeting and
shall cease to hold office
at the next annual general meeting.
(2) Where--

(a) the first annual general meeting has not yet been held; or
(b) there are not more than three proprietors,

the council shall consist of all the proprietors.
(3) Except where the council consists of all the proprietors, the corporation
may, at any time, by resolution at an extraordinary general meeting remove any
member of the council from office and appoint another
proprietor in his place
to hold office until the next annual general meeting.
(4) A member of the council may resign his office
at any time in writing
under his hand addressed to the corporation.

(5) Where a vacancy in the membership of the council occurs otherwise than
by operation of subparagraph (1) or (3), the remaining
member may appoint
another proprietor to be a member until the next annual general meeting.
(6) Members of the council shall be
eligible for re-election or reappointment.
Meetings

3. The council shall meet at such times and places and at such intervals as
it thinks fit:

Provided that any member of the council may convene a meeting by appointing
a date for the meeting and giving the other members
not less than seven days
notice of the date appointed.

Quorum for council meetings

4. (1) Except where there is only one proprietor, a quorum at meetings of the
council shall be--

(a) two, where there are not more than four members;
(b) three, where there are five or six members;

(c) four, where there are seven or eight members;
(d) five, where there are nine or ten members;

(e) six, where there are eleven or twelve members; and
(f) seven, where there are thirteen or fourteen members.
107Strata Titles

(2) Questions arising at meetings shall be decided by a simple majority vote.
(3) Every meeting of the council shall be presided
over by a chairman who
shall be elected from among themselves by the members of the council present
at the meeting and who shall
have a casting as well as an original vote.
(4) Subject to this paragraph, the council may regulate its own procedure
at meetings.

Delegation of powers and duties

5. Subject to any restrictions imposed or directions given by the corporation
at a general meeting, the council may--

(a) delegate to any one or more of its members the exercise of any of its
powers or the performance of any of its duties; and
(b)
revoke the delegation at any time.

Power to employ agents and servants

6. The council may employ, for and on behalf of the corporation, such agents
and servants as it thinks fit, in connection with or
to facilitate the exercise of
the powers and the performance of the duties of the corporation.
Proceedings of council

7. (1) The council shall keep minutes of its proceedings and shall cause
minutes to be kept of its general meetings.

(2) The council shall--

(a) cause proper books of account to be kept in respect of all sums of
money received and expended by it, specifying the matters
in relation
to which the receipts and expenditure took place; and
(b) on the application of a proprietor or chargee of a parcel
or a proprietor
of a provisional block (or any person authorized in writing by him)
make the books of account available for inspection
at all reasonable
times.

(3) The council shall prepare for each annual general meeting, proper accounts
relating to all moneys of the corporation and the
corporation's income and
expenditure.

(4) The accounts of the corporation shall be audited annually by auditors
appointed by the council.

(5) The council shall within twenty-eight days of a general meeting file with
the Director certified true copies of--

(a) the audited accounts of the corporation which has been presented to the
general meeting, if any;

(b) the resolutions passed at the general meeting; and
Laws of Malaysia ACT 318108

(c) the minutes of the general meeting.

(6) The council shall permit the Director or any person authorized by him
to act on his behalf, at all reasonable times, full and
free access to accounting
and other records of the corporation, and permit the Director or such person
to make copies or make extracts
from any such accounting or other records.
Annual general meeting

8. (1) The corporation shall hold an annual general meeting for the consideration
of accounts, election of the council and the transaction
of such other business
as may arise.

(2) The first annual general meeting shall be held within one month after
the expiry of the initial period and subsequent annual
general meetings shall
be held once in each year:

Provided that not more than fifteen months shall elapse between the date of
one annual general meeting and the next:

And provided further that the holding of any annual general meeting out of
time in breach of this paragraph shall not affect the
validity of the annual
general meeting.

Extraordinary general meetings

9. (1) A general meeting other than the annual general meeting shall be
known as the extraordinary general meeting.

(2) The council--

(a) shall convene an extraordinary general meeting upon a requisition in
writing made by the proprietors who are together entitled
to at least
one quarter of the aggregate share units;

(b) shall convene an extraordinary general meeting upon receiving a direction
in writing from the Director for the transaction of
such business as the
Director may direct; and

(c) may convene an extraordinary general meeting on such other occasion
as it thinks fit.

(3) Where the Director is satisfied that the council has not been properly
constituted, he may authorize in writing any proprietor
to convene an extraordinary
general meeting for such purposes as may be approved by the Director.
Notice of general meeting

10. Seven days notice of any general meetings, specifying the place, the date
and hour of the meeting and the general nature of the
business to be transacted,
shall be given to every proprietor and every first chargee of a parcel in the
building (being a chargee
who has notified his interest to the corporation for
entry in the strata roll):

109Strata Titles

Provided that an accidental omission to comply with this paragraph in respect
of a proprietor or chargee shall not invalidate the
proceedings at the meeting.
Quorum at general meeting

11. (1) One half of the persons entitled to vote shall constitute a quorum at
a general meeting.

(2) If within half an hour after the time appointed for a general meeting, a
quorum is not present, the meeting shall stand adjourned
to the same day in
the next week at the same place and time, and if at the adjourned meeting a
quorum is not present within half
an hour after the time appointed for the
meeting, those persons entitled to vote who are present shall constitute a quorum.
Chairman
of general meeting

12. Every general meeting shall be presided over by a chairman who shall be
elected, from among themselves, by those persons present
who are entitled to
vote.

Manner of deciding questions at general meetings

13. (1) A resolution at a general meeting shall be decided on a show of hands
unless a poll is demanded by a proprietor or his proxy.
(2) Unless a poll is demanded, a declaration by the chairman that a resolution
has been carried on a show of hands, shall be conclusive
evidence of the fact
without proof of the number or proportion of votes recorded in favour of or
against the resolution.

(3) A demand for a poll may be withdrawn.

(4) Where a poll is taken, it shall be taken in such manner as the chairman
thinks fit, and the result of the poll shall be deemed
to be the resolution of the
meeting at which the poll was demanded.

(5) In the case of an equality of votes (whether on a show of hands or a poll)
the chairman shall be entitled to a casting vote.
Proxy

14. (1) On a show of hands or poll, votes may be cast either personally or
by proxy.

(2) An instrument appointing a proxy (who need not be a proprietor) shall
be in writing under the hand of the person making the
appointment or his
attorney, and may be either general or for a particular meeting.
Voting rights of proprietor

15. Each proprietor who is not a co-proprietor shall have one vote on a show
of hands, and on a poll shall have such number of votes
as that corresponding
with the number of share units or provisional share units attached to his parcel
or provisional block.

Laws of Malaysia ACT 318110

Provided that, except where a unanimous resolution is required, no proprietor
shall be entitled to vote at a general meeting unless
all contributions to the
management fund of the corporation in respect of his parcel or provisional block
have been duly paid.

Voting rights of co-proprietors

16. (1) Co-proprietors may vote by means of a jointly appointed proxy.
(2) In the absence of a proxy, co-proprietors shall not be
entitled to vote
on a show of hands except where a unanimous resolution is required:
Provided that any one co-proprietor may demand
a poll.
(3) On a poll, each co-proprietor shall be entitled to such number of the
votes attaching to his parcel or provisional
block as is proportionate to his
interest in the parcel or provisional block.

Common Seal

17. The common seal of the corporation shall not be used except on the
authority of the council previously given and in the presence
of at least two
members of the council, who shall sign the instrument to which the seal is
affixed:

Provided that, where there is only one member of the corporation, his presence
and signature shall be sufficient.

18. (Deleted by Act A951).
THIRD SCHEDULE

BY-LAWS FOR THE REGULATION OF

SUBDIVIDED BUILDINGS

[Sections 44 and 62]

PART I

Interpretation

1. (1) In the application of these by-laws to any particular subdivided building
the word "corporation" shall mean the management
corporation of the building.
(2) Except for paragraph 2(g), references in these by-laws to a parcel proprietor
however expressed,
where the context so admits, in the case of a parcel occupied
by a person who is not the parcel proprietor, shall be construed as
including
the occupier of that parcel.

111Strata Titles

Duties of proprietor

2. (1) A parcel proprietor shall--
(a) permit the corporation and its agents at all reasonable times and on
reasonable notice being
given (except in the case of emergency when
no notice is required) to enter his parcel for the purposes of--
(i) inspecting the
parcel;

(ii) maintaining, repairing or renewing pipes, wires, cables and
ducts used or capable of being used in connection with the
enjoyment
of any other parcel or the common property;
(iii) maintaining, repairing or renewing the common property; and
(iv) executing any
work or doing any act reasonably necessary for
or in connection with the performance of its duties or the
enforcement of these
by-laws or other by-laws affecting the
building;

(b) forthwith carry out all the work ordered by any competent public or
statutory authority in respect of his parcel other than
such work for the
benefit of the building generally, and pay all assessments, charges and
outgoings which are payable in respect
of his parcel;
(c) repair and maintain his parcel and keep it in a state of good repair,
reasonable wear and tear, and damage by
fire, storm, tempest or act
of God excepted;

(d) (Deleted by Act A753);

(e) not use or permit to be used in such a manner or for such a purpose
as to cause nuisance or danger to any other proprietor or
the families
of such proprietor;

(f) not use his parcel contrary to the terms of use of the parcel shown in
the plan approved by the relevant authority; and

(g) notify the corporation forthwith of any intended change in the
proprietorship of his parcel or of any other dealing with his
parcel of
which he is aware, for entry in the strata roll maintained by the corporation
for this purpose.

(2) A proprietor shall use and enjoy the common property in such a manner
as not to interfere unreasonably with the use and enjoyment
thereof by other
proprietors or their families or visitors.

Common property for common benefit

3. The corporation shall control, manage and administer the common property
for the benefit of all the proprietors:

Provided that the corporation may, by agreement with a particular proprietor,
grant him exclusive use and enjoyment of part of the
common property or
special privileges in respect of the common property or part of it.
Laws of Malaysia ACT 318112

Provision of amenities or services

4. The corporation may make an agreement with a particular proprietor for
the provision of amenities or services by the corporation
to or in respect of his
parcel.

Functions of the corporation

5. The corporation shall--
(a) maintain in a state of good and serviceable repair, the fixtures and
fittings (including lifts) existing
on the lot and used or capable of being
used in connection with the enjoyment of more than one parcel or the
common property;

(b) where practicable, establish and maintain suitable lawns and gardens
on the common property;

(c) maintain, repair and (where necessary) renew sewers, pipes, wires,
cables and ducts existing on the lot and used or capable
of being used
in connection with the enjoyment of more than one parcel or the common
property;

(d) on the written request of a proprietor or of a registered chargee of a
parcel, the corporation shall produce to the proprietor
or chargee, as
the case may be, (or to a person authorized in writing by the proprietor
or chargee) all policies of insurance effected
by the corporation together
with the receipt for the last premiums paid in respect of the policies;
and

(e) without delay enter in the strata roll any intended change or any other
dealing notified to it pursuant to subparagraph 2(1)(g).
PART II

Prohibitions for parcel proprietor

6. A parcel proprietor shall not--
(a) use his parcel for any purposes (illegal or otherwise) which may be
injurious to the reputation
of the building;

(b) use as fuel any substance or material which may give rise to smoke
or fumes or obnoxious smells;

(c) throw or allow to fall, any refuse or rubbish of any description on the
common property or any part thereof except in refuse
bins maintained
by him or in refuse chutes provided in the building; or
(d) keep any animal in his parcel or on the common property
which may
cause annoyance to any other proprietor.

4. Paragraph For the words "the issue documents appropriate
165(1)(a) thereto and documents relating to parcels held
under subsidiary
title", substitute the words "the
issue documents appropriate thereto".

5. Heading appearing For the words "PROCEDURE REGISTRY
before TITLE, QUALIFIED TITLE CORRESPONDING